HARRY HUGHES, Governor

1845

to this title or orders issued under it.
However, the legislative intent appears to have
been that no action under this section may be
brought unless a reasonable time for compliance
is first allowed, and the revised language makes
that intent express.

3-406. CIVIL PENALTY.

(A)  IN GENERAL.

A PERSON WHO WILLFULLY VIOLATES ANY PROVISION OF THIS
TITLE OR ANY RULE, REGULATION, OR ORDER ADOPTED OR ISSUED
UNDER THIS TITLE IS LIABLE TO A CIVIL. PENALTY NOT EXCEEDING
$10,000, TO BE COLLECTED IN A CIVIL ACTION BROUGHT BY THE
DEPARTMENT IN THE CIRCUIT COURT 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 (A) (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 PENALTY PAID.

(D)  ACTION NOT EXCLUSIVE.

AN ACTION UNDER THIS SECTION IS IN ADDITION TO AND NOT
INSTEAD OF AN ACTION FOR INJUNCTIVE RELIEF UNDER § 3-405 OF
THIS SUBTITLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 830(b) and (c).

3-407. PLAN FOR COMPLIANCE.

(A) SUBMISSION AND EFFECT.

A PERSON IS NOT SUBJECT TO ACTION FOR A VIOLATION OF A
PROVISION 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