200                              LAWS OF MARYLAND                      [CH. 143

CEEDING OR ACTION MAY BE BROUGHT BY THE STATE,
SHALL NOT CREATE BY REASON THEREOF ANY PRE-
SUMPTION OF LAW OR FINDING OF FACT WHICH SHALL
INURE TO OR BE FOR THE BENEFIT OF ANY PERSON
OTHER THAN THE STATE.

700. ADMINISTRATIVE PROCEDURE ACT.

THE PROVISIONS OF THE ADMINISTRATIVE PROCEDURE
ACT (ARTICLE 41 OF THE ANNOTATED CODE OF MARY-
LAND, 1965 REPLACEMENT VOLUME AND 1966 SUPPLE-
MENT) SHALL APPLY TO THE PROVISIONS OF THIS SUB-
TITLE AND ALL PROCEEDINGS UNDER THIS SUBTITLE.

701.

THE ATTORNEY GENERAL OF MARYLAND SHALL BE
THE LEGAL ADVISOR FOR THE DEPARTMENT AND THE
BOARD IN CARRYING OUT THEIR DUTIES UNDER THIS
SUBTITLE, SHALL ENFORCE COMPLIANCE WITH THE RE-
QUIREMENTS OF THIS SUBTITLE THROUGH ANY APPRO-
PRIATE LEGAL REMEDIES, AND SHALL PROSECUTE VIO-
LATIONS IN ACCORDANCE WITH THE PROVISIONS OF
THIS SUBTITLE.

702.

THE DEPARTMENT IS AUTHORIZED TO OBTAIN FOR THE
USE OF THE STATE SUCH FEDERAL OR OTHER FUNDS AS
MAY BE AVAILABLE FROM TIME TO TIME FOR PURPOSES
WITHIN THE SCOPE OF THIS SUBTITLE.

703.

(A)   VIOLATION OF ANY STANDARD OR RULE AND REG-
ULATION ADOPTED UNDER THIS SUBTITLE SHALL SUB-
JECT THE OFFENDER TO FINE NOT TO EXCEED ONE
THOUSAND DOLLARS ($1,000) FOR EACH VIOLATION. A
VIOLATOR WHO HAS SUBMITTED A PLAN FOR COMPLI-
ANCE WITH THIS SUBTITLE AND WHO HAS HAD THAT
PLAN OR AMENDMENTS TO IT APPROVED BY THE BOARD,
UPON RECOMMENDATION BY THE DEPARTMENT, SHALL
NOT BE CONSIDERED TO BE IN VIOLATION OF THIS SUB-
TITLE AS LONG AS HE ACTS IN ACCORDANCE WITH THE
ORIGINAL OR AMENDED PLAN. THE BOARD SHALL ACT
UPON ANY PLAN WITHIN NINETY (90) DAYS AFTER SUCH
PLAN HAS BEEN SUBMITTED TO IT. EACH DAY ON WHICH
A VIOLATION OCCURS SHALL CONSTITUTE A SEPARATE
VIOLATION UNDER THIS SECTION.

(B)   NO PROSECUTION OF ANY PERSON, FIRM, CORPO-
RATION, AGENCY, OR ENTITY ON A CHARGE OF VIOLAT-
ING THIS ACT OR ANY STANDARD, RULE OR REGULATION,
NOTICE OR ORDER PROMULGATED THEREUNDER, SHALL
BE HAD OR MAINTAINED UNLESS, AT THE INITIAL STAGE
THEREOF, SUCH PROSECUTION SHALL HAVE BEEN AU-
THORIZED AND DIRECTED BY THE WRITTEN ORDER OF
THE COMMISSIONER OF HEALTH, SUCH WRITTEN ORDER
TO BE FILED WITH THE PAPERS IN THE PROCEEDING.