<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".13" citation="COMAR 15.08.01.13" title_num="15" subtitle_num="08" chapter_num="01" heading="Assessment of Civil Penalty.">
  <paragraph num="A.">
    <text>For purposes of this regulation, the term “order of the Secretary” means an order that the Secretary has issued pursuant to the Maryland Seed Law, including a “stop sale” order.</text>
  </paragraph>
  <paragraph num="B.">
    <text>If the Secretary determines that a person has violated an order of the Secretary, the Secretary may impose a civil penalty for each seed lot in violation of the order, as follows:</text>
    <paragraph num="(1)">
      <text>For the first violation, not more than $100;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>For a second violation within a 2-year period, not more than $250; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>For a third or subsequent violation within a 2-year period, not more than $500.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>In assessing a civil penalty imposed under §B of this regulation, the Secretary shall consider:</text>
    <paragraph num="(1)">
      <text>The willfulness of the violation and the extent to which the violator exercised reasonable care;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The total number of seed lots found in violation at that location;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The number of packages contained in each lot; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The extent to which the current violation is a part of recurrent violations of the Maryland Seed Law committed by the violator.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>A person may appeal under Agriculture Article, §2-405, Annotated Code of Maryland, the Secretary's decision to impose a civil penalty.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Unless a stay has been granted, a person against whom a civil penalty has been imposed under this regulation shall pay the amount of the penalty promptly to the Department.</text>
  </paragraph>
</regulation>