HARRY HUGHES, Governor

1915

(2) ANY LIABILITY UNDER THIS SECTION SHALL BE
LIMITED TO THE MARKET VALUE OF THE SUBSTANCE AS OF THE TIME
THE ACTION WAS TAKEN AGAINST THE SUBSTANCE.

(E)  EXCLUSION FROM PERSONAL LIABILITY.

THE RIGHT OF ACTION CREATED BY THIS SECTION LIES ONLY
AGAINST THE SECRETARY IN THE SECRETARY'S OFFICIAL CAPACITY,
AND THE SECRETARY SHALL HAVE NO PERSONAL LIABILITY FOR THE
PAYMENT OF ANY JUDGMENT THAT IS ENTERED IN ANY ACTION
BROUGHT UNDER THIS SECTION.

(F)  LIMITED WAIVER OF SOVEREIGN IMMUNITY.

UNDER THIS SECTION, THIS STATE WAIVES ITS SOVEREIGN
IMMUNITY TO THE EXTENT OF THE RIGHT OF ACTION THAT IS
EXPRESSLY CREATED, BUT IN NO FURTHER OR OTHER RESPECT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 187E(d).

4-255. REPORTING OF CRIMINAL VIOLATIONS.

(A)  IN GENERAL.

EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE
SECRETARY SHALL REPORT TO THE STATE'S ATTORNEY ANY ALLEGED
CRIMINAL VIOLATION OF THIS SUBTITLE.

(B)  OPPORTUNITY FOR ALLEGED VIOLATOR TO PRESENT VIEWS.

BEFORE THE SECRETARY REPORTS ANY ALLEGED VIOLATION OF
THIS SUBTITLE TO A STATE'S ATTORNEY FOR THE INSTITUTION OF A
CRIMINAL PROCEEDING, THE SECRETARY SHALL GIVE THE ALLEGED
VIOLATOR NOTICE AND AN OPPORTUNITY TO PRESENT THAT PERSON'S
VIEWS TO THE SECRETARY EITHER ORALLY OR IN WRITING. THE
VIEWS OF THE ALLEGED VIOLATOR MAY BE PRESENTED BY COUNSEL.

(C)  MINOR VIOLATIONS.

IF THE SECRETARY BELIEVES THAT THERE HAS BEEN A
VIOLATION OF THIS SUBTITLE, BUT THAT THE VIOLATION WAS MINOR
AND THE PUBLIC INTEREST WOULD BE SERVED ADEQUATELY IN THE
CIRCUMSTANCES BY A WRITTEN NOTICE OR WARNING, THE SECRETARY
MAY ISSUE A WRITTEN NOTICE OR WARNING INSTEAD OF REPORTING
THE VIOLATION TO THE STATE'S ATTORNEY.

REVISOR'S NOTE: This section formerly appeared as
Article 43, § 187G and the second sentence of §
187F.

The first sentence of former Article 43, § 187F,
which required the State's attorney to institute
proceedings and prosecute any case that is