<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 15.01.15.05" title_num="15" subtitle_num="01" chapter_num="15" heading="Civil Penalty.">
  <paragraph num="A.">
    <text>The Department may impose a civil penalty on any person who violates the requirements of this chapter up to $2,000 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 person but uncorrected by the person; 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 person subject to this chapter 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 person;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A description of the evidence of a violation;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A statement informing the person 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 person 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 person may petition the Department for a contested case hearing on the 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 person requests a contested case hearing, the person shall promptly pay the penalty. Payment of a penalty is not a substitute for compliance. If the person continues to violate this chapter, the Department may impose additional civil penalties.</text>
  </paragraph>
</regulation>