2946

LAWS OF MARYLAND

Ch. 834

APPROPRIATENESS OF THE PENALTY WITH RESPECT TO THE SIZE OF
THE RAILROAD COMPANY, GRAVITY OF THE VIOLATION, THE GOOD
FAITH OF THE RAILROAD COMPANY, AND THE RAILROAD COMPANY'S
HISTORY OF PREVIOUS VIOLATIONS.

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

(G) THE FINES SHALL BE PAYABLE INTO THE STATE TREASURY
90 DAYS AFTER THE VIOLATION BECOMES FINAL AND NONREVIEWABLE.
THE COMMISSIONER SHALL REDUCE THE SUM DUE BY 50 PERCENT IF
DURING THE 90-DAY PERIOD: (1) THE RAILROAD HAD NO REPORTABLE
ACCIDENTS ATTRIBUTABLE TO A MARYLAND OR FEDERAL REGULATION
OR (2) THE RAILROAD HAS NOT COMMITTED A VIOLATION OF ANY
WILLFUL OR SERIOUS VIOLATION AS DESCRIBED IN SECTION 95 OF
THIS SUBTITLE.

96.

(A)  ANY RAILROAD COMPANY THAT 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 PERSON EXPOSED TO THE
VIOLATION, UPON CONVICTION, SHALL BE FINED NOT MORE THAN
$25,000, EXCEPT THAT IF THE CONVICTION IS FOR A VIOLATION
COMMITTED AFTER A FIRST CONVICTION, THE FINE MAY NOT EXCEED
$50,000.

(B)  A PERSON WHO KNOWINGLY MAKES ANY FALSE STATEMENT,
REPRESENTATION, OR CERTIFICATION IN ANY APPLICATION, RECORD,
REPORT, PLAN, OR OTHER DOCUMENT FILED OR REQUIRED TO BE
MAINTAINED PURSUANT TO THIS SUBTITLE, UPON CONVICTION SHALL
BE FINED NOT MORE THAN $5,000 OR IMPRISONED FOR NOT MORE
THAN 6 MONTHS, OR BOTH.

(C)  ANY PERSON WHO GIVES ADVANCE NOTICE OF ANY
INSPECTION TO BE CONDUCTED UNDER THIS SUBTITLE WITHOUT
AUTHORITY OF THE COMMISSIONER OR HIS AUTHORIZED
REPRESENTATIVE, UPON CONVICTION SHALL BE FINED NOT MORE THAN
$1,000 OR IMPRISONED FOR NOT MORE THAN 6 MONTHS, OR BOTH.

97.

THE COMMISSIONER SHALL APPOINT AN ASSISTANT
COMMISSIONER OF LABOR AND INDUSTRY FOR RAILROAD SAFETY AND
HEALTH, SUBJECT TO APPROVAL OF THE SECRETARY OF LICENSING
AND REGULATION. THE COMMISSIONER MAY ASSIGN TO THE
ASSISTANT COMMISSIONER SUCH FUNCTIONS AND DUTIES UNDER THIS
SUBTITLE THAT HE DETERMINES APPROPRIATE. THE ASSISTANT
COMMISSIONER SHALL RECEIVE A SALARY AS MAY BE PROVIDED IN
THE BUDGET AND SERVE AT THE PLEASURE OF THE COMMISSIONER.

98.

(A) THE COMMISSIONER SHALL EXERCISE ALL RIGHTS,
POWERS, DUTIES, OBLIGATIONS, AND FUNCTIONS TRANSFERRED TO
HIM FROM THE FOLLOWING PROVISIONS OF THE ANNOTATED CODE