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<regulation prefix="Regulation" num=".04" citation="COMAR 15.11.19.04" title_num="15" subtitle_num="11" chapter_num="19" heading="Assessment of Administrative Penalty.">
  <paragraph num="A.">
    <text>After providing notice and an opportunity to be heard, the Secretary may assess an administrative penalty, not to exceed $10,000, for each act that constitutes a violation of Agriculture Article, Title 3, Subtitle 1, Annotated Code of Maryland, including, but not limited to, any of the separate acts specified in Regulation .03 of this chapter. If the Secretary finds that the person has committed multiple violations of this subtitle, the Secretary, considering the factors specified in §B of this regulation, may assess a separate civil penalty up to $10,000 for each violation.</text>
  </paragraph>
  <paragraph num="B.">
    <text>In assessing a civil penalty imposed under §A, the Secretary shall give consideration to:</text>
    <paragraph num="(1)">
      <text>The seriousness of the violation, including the nature and degree of the potential harm to animal health;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The willfulness of the violation;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The extent to which the existence of the violation was known to the violator, but not corrected or otherwise addressed in a timely and adequate manner;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The extent to which the violator had exercised reasonable care to have prevented the violation from occurring in the first instance;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The actual harm to animal health;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The cost of control;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>The extent to which the particular violation is part of a recurrent pattern of the same or similar type of violation committed by the violator; and</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Whether the violator previously has violated any provision of Agriculture Article, Title 3, Subtitle 1, Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>A person may appeal under Agriculture Article, §2-405, Annotated Code of Maryland, the Secretary's decision to impose a penalty.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Unless a stay has been granted, a person against whom a civil penalty has been imposed under this chapter shall pay the amount of the penalty promptly to the Secretary.</text>
  </paragraph>
</regulation>