HARRY HUGHES, Governor

1825

TO BE COLLECTED IN A CIVIL ACTION IN THE CIRCUIT COURT OF
FOR ANY COUNTY. EACH DAY A VIOLATION CONTINUES IS A
SEPARATE VIOLATION UNDER THIS SECTION.

(B)  COMPROMISE.

IF THE ATTORNEY GENERAL CONCURS, THE SECRETARY MAY
COMPROMISE AND SETTLE ANY CLAIM FOR A CIVIL PENALTY UNDER
THIS SECTION.

(C)  REMISSION OF PENALTY.

IF, WITHIN 1 YEAR AFTER A CIVIL PENALTY IS COMPROMISED
AND SETTLED UNDER SUBSECTION (B) OF THIS SECTION, THE PERSON
AGAINST WHOM THE PENALTY IS IMPOSED SATISFIES THE SECRETARY
THAT THE VIOLATION HAS BEEN ELIMINATED OR THE ORDER HAS BEEN
SATISFIED, THE SECRETARY, WITH THE CONCURRENCE OF THE
ATTORNEY GENERAL, MAY RETURN TO THE PERSON NOT MORE THAN 75
PERCENT OF THE AMOUNT OF THE PENALTY PAID.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 703(c) and the first and third sentences of
(b).

In light of the recent change in the civil
jurisdiction of the District Court -- i.e.,
increasing the jurisdictional amount from $5,000
to $10,000 -- the General Assembly may wish to
consider deleting the reference to the circuit
court in subsection (a) of this section.

2-611. PLAN FOR COMPLIANCE.

(A)  SUBMISSION AND EFFECT.

A PERSON IS NOT SUBJECT TO ACTION FOR A VIOLATION OF
THIS TITLE OR ANY RULE OR REGULATION ADOPTED UNDER THIS
TITLE SO LONG AS THE PERSON ACTS IN ACCORDANCE WITH A PLAN
FOR COMPLIANCE THAT:

(1)  THE PERSON HAS SUBMITTED TO THE SECRETARY;
AND

(2)  THE SECRETARY HAS APPROVED, WITH OR WITHOUT
AMENDMENTS, ON THE RECOMMENDATION OF THE AIR MANAGEMENT
ADMINISTRATION.

(B)  DUTY OF SECRETARY TO ACT.

THE SECRETARY SHALL ACT ON ANY PLAN FOR COMPLIANCE
WITHIN 90 DAYS AFTER THE PLAN FOR COMPLIANCE IS SUBMITTED TO
THE SECRETARY.