Ch. 59                            MARVIN MANDEL, Governor                               107

BEEN ADOPTED OR ARE IN USE IN SUCH PLACE OF EMPLOYMENT
UNLESS THE EMPLOYER DID NOT AND COULD NOT WITH THE
EXERCISE OF REASONABLE DILIGENCE, KNOW OF THE PRESENCE
OF THE VIOLATION.

(C)   ANY EMPLOYER WHO HAS RECEIVED A CITATION FOR A
VIOLATION OF ANY PROVISION OF THIS SUBTITLE OR ANY RULE,
REGULATION, STANDARD, OR ORDER PROMULGATED PURSUANT
TO THIS SUBTITLE AND SUCH VIOLATION IS SPECIFICALLY
DETERMINED NOT TO BE OF A SERIOUS NATURE, MAY BE
ASSESSED A CIVIL PENALTY NOT TO EXCEED $1,000.00 FOR EACH
SUCH VIOLATION.

(D)  ANY EMPLOYER WHO FAILS TO CORRECT A VIOLATION FOR
WHICH A CITATION HAS BEEN ISSUED WITHIN THE PERIOD
PERMITTED FOR ITS CORRECTION (WHICH PERIOD SHALL NOT
BEGIN TO RUN UNTIL THE DATE OF THE FINAL ORDER OF THE
COMMISSIONER IN THE CASE OF ANY REVIEW PROCEEDING
UNDER SECTION 37 INITIATED BY THE EMPLOYER IN GOOD FAITH
AND NOT SOLELY FOR DELAY OR AVOIDANCE OF PENALTIES),
MAY BE ASSESSED A CIVIL PENALTY NOT TO EXCEED $1,000.00 FOR
EACH DAY DURING WHICH SUCH FAILURE OR VIOLATION
CONTINUES.

(E)   ANY EMPLOYER WHO VIOLATES ANY OF THE POSTING
REQUIREMENTS, AS PRESCRIBED UNDER THE PROVISIONS OF THIS
SUBTITLE, [[MAY]] SHALL BE ASSESSED A CIVIL PENALTY NOT TO
EXCEED $1,000.00 FOR EACH VIOLATION.

(F)   THE COMMISSIONER SHALL HAVE THE AUTHORITY TO
ASSESS ALL CIVIL PENALTIES SET FORTH IN THIS SUBTITLE
GIVING DUE CONSIDERATION TO THE APPROPRIATENESS OF THE
PENALTY WITH RESPECT TO THE SIZE OF THE BUSINESS OF THE
EMPLOYER BEING CHARGED, THE GRAVITY OF THE VIOLATION,
THE GOOD FAITH OF THE EMPLOYER, AND THE EMPLOYER'S
HISTORY OF PREVIOUS VIOLATIONS.

(G)    ALL CIVIL PENALTIES IMPOSED UNDER THIS SUBTITLE
SHALL BE PAID INTO THE STATE TREASURY.

41. CRIMINAL PENALTIES.

(A) ANY EMPLOYER WHO WILLFULLY VIOLATES ANY PROVISION
OF THIS SUBTITLE OR ANY RULE, REGULATION, STANDARD, OR
ORDER PROMULGATED PURSUANT TO THIS SUBTITLE AND THAT
VIOLATION CAUSED DEATH TO ANY EMPLOYEE SHALL, UPON
CONVICTION, BE PUNISHED BY A FINE OF NOT MORE THAN
$10,000.00 OR BY IMPRISONMENT FOR NOT MORE THAN SIX
MONTHS, OR BY BOTH [[.]]; EXCEPT THAT IF THE CONVICTION IS
FOR A VIOLATION COMMITTED AFTER A FIRST CONVICTION OF
SUCH PERSON, PUNISHMENT SHALL BE BY A FINE OF NOT MORE
THAN $20,000.00 OR BY IMPRISONMENT FOR NOT MORE THAN ONE
YEAR, OR BY BOTH.

(B) ANY PERSON WHO GIVES ADVANCE NOTICE OF ANY
INSPECTION TO BE CONDUCTED UNDER THIS SUBTITLE, WITHOUT
AUTHORITY OF THE COMMISSIONER OR HIS AUTHORIZED
REPRESENTATIVE, SHALL, UPON CONVICTION, BE PUNISHED BY A
FINE OF NOT MORE THAN $1,000.00 OR BY IMPRISONMENT FOR