Chapter 19. Administrative Penalty Standards for Violations of Contagious or Infectious Disease Prevention Requirements
Regulation .01 Scope.LinkCopy Citation
This chapter establishes standards for determining the appropriate penalty to be imposed on a person who violates a provision of Agriculture Article, Title 3, Subtitle 1, Annotated Code of Maryland.
Regulation .02 Definition.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated:
B.
Terms Defined.
(1)
“Disease” means a contagious or infectious disease affecting domestic animals.
(2)
“Secretary” means the Secretary of Agriculture or the Secretary's designee, including the State Veterinarian and staff.
Regulation .03 Violations.LinkCopy Citation
Instead of or in addition to any other penalty allowed under State law, the Secretary may impose an administrative penalty on a person who violates any provision of Agriculture Article, Title 3, Subtitle 1, Annotated Code of Maryland, including, but not limited to, the following acts:
A.
Resisting or failing to comply with a quarantine established by the Governor, based on facts presented by the Secretary;
B.
Resisting or failing to comply with a quarantine established by the Secretary to protect domestic animals against disease;
C.
Resisting or failing to comply with any order by the Secretary to prevent or to control the communication or spread of disease;
D.
Resisting or failing to cooperate with the Secretary when the Secretary carries out any duty to prevent or to control the spread of disease;
E.
Refusing access to the premises or failing to allow the Secretary to inspect any location where the Secretary has reason to believe that disease may exist;
F.
Failing to comply with any regulation adopted by the Secretary pursuant to Agriculture Article, Title 3, Subtitle 1, Annotated Code of Maryland;
G.
Concealing the fact that disease exists on the premises; and
H.
Selling or otherwise disposing of an animal that the person has reason to believe is infected with a disease, or exposed to one within 90 days, or, without the Secretary's consent, permitting the animal to pass over any public highway, lane, or alley, or to graze any unfenced lot or piece of ground.
Regulation .04 Assessment of Administrative Penalty.LinkCopy Citation
A.
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.
B.
In assessing a civil penalty imposed under §A, the Secretary shall give consideration to:
(1)
The seriousness of the violation, including the nature and degree of the potential harm to animal health;
(2)
The willfulness of the violation;
(3)
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;
(4)
The extent to which the violator had exercised reasonable care to have prevented the violation from occurring in the first instance;
(5)
The actual harm to animal health;
(6)
The cost of control;
(7)
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
(8)
Whether the violator previously has violated any provision of Agriculture Article, Title 3, Subtitle 1, Annotated Code of Maryland.
C.
A person may appeal under Agriculture Article, §2-405, Annotated Code of Maryland, the Secretary's decision to impose a penalty.
D.
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.
Chapter annotations
Authority: Agriculture Article, §3-116, Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.04 adopted as an emergency provision effective August 25, 2006 (33:19 Md. R. 1555); emergency status expired February 21, 2007
History: Regulations .01—.04 adopted effective February 26, 2007 (34:4 Md. R. 402)