<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".08" citation="COMAR 15.20.07.08" title_num="15" subtitle_num="20" chapter_num="07" heading="Administrative Penalties for Failure to File Annual Implementation Report.">
  <paragraph num="A.">
    <text>If a person fails to file an annual implementation report with the Department in a timely manner as provided under Regulation .06A(3) of this chapter, the Department shall notify the person that:</text>
    <paragraph num="(1)">
      <text>The person is in violation of the requirement to file an annual implementation report; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The person is subject to:</text>
      <paragraph num="(a)">
        <text>After 30 days from issuance of the notice, an administrative penalty of not less than $100 and not more than $250 if the person fails to submit the report within 60 days from its issuance;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>After 60 days from issuance of the notice, an enhanced administrative penalty of not less than $250 and not more than $1000 if the person fails to submit the report within 90 days from its issuance; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>After 90 days from issuance of the notice, a further enhanced administrative penalty of not less than $1000 if the person fails to submit the report within 91 days from its issuance.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>A penalty imposed on a person under §A of this regulation shall be assessed with consideration given to:</text>
    <paragraph num="(1)">
      <text>The willfulness of the violation; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Neither the issuance of an administrative penalty by the Department nor the payment of an administrative penalty by a person under this regulation shall relieve the person of the requirement to submit the annual implementation report under Regulation .06A(3) of this chapter.</text>
  </paragraph>
</regulation>