2992

LAWS OF MARYLAND

Ch. 442

(E)  WHEN THE COMMISSIONER, AFTER INVESTIGATION, HAS
REASON TO BELIEVE THAT A PERSON IS ACTING AS A FARM LABOR
CONTRACTOR IN MARYLAND WITHOUT A STATE CERTIFICATE OF
REGISTRATION, THE COMMISSIONER MAY ISSUE AN ORDER REQUIRING
THAT PERSON TO IMMEDIATELY CEASE AND DESIST FROM ENGAGING IN
FARM LABOR CONTRACTING ACTIVITIES. THE ORDER SHALL BE
SERVED ON THE PERSON BY CERTIFIED MAIL OR BY PERSONAL
SERVICE.

(1)  THE PERSON MAY REQUEST THE COMMISSIONER TO
HOLD A HEARING ON THE ALLEGED NONCOMPLIANCE IN WRITING
WITHIN 7 CALENDAR DAYS OF THE SERVICE OF THE ORDER.

(2)  IF A REQUEST FOR A HEARING IS NOT MADE, THE
ORDER OF THE COMMISSIONER TO CEASE AND DESIST IS FINAL.

(F)  IF ANY PERSON FAILS TO COMPLY WITH ANY LAWFUL
ORDER OF THE COMMISSIONER, THE COMMISSIONER MAY:

(1)  PETITION A COURT OF COMPETENT JURISDICTION
TO ISSUE AN ORDER COMPELLING COMPLIANCE WITH THE ORDER; OR

(2)  TAKE ANY OTHER ACTION PROVIDED IN THIS
SUBTITLE.

(G)  ANY PERSON WHO WILLFULLY OR REPEATEDLY VIOLATES
ANY PROVISION OF THIS SUBTITLE OR ANY REGULATION, RULE, OR
ORDER ISSUED PURSUANT TO THIS SUBTITLE MAY BE ASSESSED A
CIVIL PENALTY OF NOT MORE THAN $5,000 FOR EACH VIOLATION.

(1)  WITH RESPECT TO A FARM LABOR CONTRACTOR, THE
COMMISSIONER MAY ASSESS ALL CIVIL PENALTIES GIVING DUE
CONSIDERATION TO THE APPROPRIATENESS OF THE PENALTY AS TO
THE SIZE OF THE BUSINESS OF THE FARM LABOR CONTRACTOR BEING
CHARGED, THE GRAVITY OF THE VIOLATION, THE GOOD FAITH OF THE
FARM LABOR CONTRACTOR, AND THE FARM LABOR CONTRACTOR'S
HISTORY OF PREVIOUS VIOLATIONS IN THIS OR OTHER STATES
RELATING TO REGISTRATION OR TREATMENT OF MIGRANT
AGRICULTURAL WORKERS.

(2)  WITH RESPECT TO AN AGRICULTURAL ASSOCIATION
OR AN AGRICULTURAL EMPLOYER, THE COMMISSIONER MAY ASSESS ALL
CIVIL PENALTIES GIVING DUE CONSIDERATION TO THE
APPROPRIATENESS OF THE PENALTY AS TO THE SIZE OF BUSINESS
INVOLVED, THE HISTORY OF ANY PREVIOUS VIOLATIONS, AND ANY
GOOD FAITH EFFORT TO COMPLY WITH THE FARM LABOR CONTRACTOR
VERIFICATION REQUIREMENTS OF THIS SUBTITLE.

(3)  THE ATTORNEY GENERAL UPON REQUEST OF THE
COMMISSIONER IS AUTHORIZED TO PROCEED IN THE COURTS OF THIS
OR ANY OTHER STATE OR IN ANY FEDERAL COURT OR AGENCY TO
ENFORCE ANY ORDER, DECISION, OR THE COLLECTION OF ANY CIVIL
PENALTY ASSESSED BY THE COMMISSIONER UNDER THIS SUBTITLE.