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<regulation prefix="Regulation" num=".09" citation="COMAR 15.01.11.09" title_num="15" subtitle_num="01" chapter_num="11" heading="Civil Penalty.">
  <paragraph num="A.">
    <text>The Department may impose a civil penalty on a shelter that violates the requirements of this chapter or Agriculture Article, §2-1704, Annotated Code of Maryland, which requires shelters to adopt a written protocol for reclaiming animals, up to $500 for each violation.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Before imposing any civil penalty under this chapter, the Department shall consider the following:</text>
    <paragraph num="(1)">
      <text>The nature and gravity of each violation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The willfulness of the violation and the extent to which the existence of the violation was known to the shelter but uncorrected by the shelter; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A history of prior violations, if any.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The Department shall issue a written notice of violation to the shelter owner upon finding that a violation has occurred or is ongoing. The written notice of violation shall include:</text>
    <paragraph num="(1)">
      <text>A statement of the regulation violated by the shelter;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A description of the evidence of a violation;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A statement informing the shelter of the right to an informal meeting with the Department;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The amount of the proposed civil penalty;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>A statement of the remedial action necessary to bring the shelter into compliance; and</text>
    </paragraph>
    <paragraph num="(6)">
      <text>A reasonable amount of time, as determined by the Department, to correct a violation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>A shelter may petition the Department for a contested case hearing on a violation and penalty within 30 calendar days of the issuance of the notice of violation by the Department.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Unless a shelter requests a contested case hearing, the shelter shall promptly pay the penalty. Payment of a penalty is not a substitute for compliance. If the shelter continues to violate this chapter, the Department may impose additional civil penalties.</text>
  </paragraph>
</regulation>