3564

LAWS OF MARYLAND

Ch. 617

8-501.

(a) (1) A person who fails, refuses, or neglects to
comply with any provision of this title, or with any rule or
regulation adopted under this title, is guilty of a
misdemeanor and on conviction is subject to a fine not
exceeding [$100 for each day that the violation continues]
$10,000 OR IMPRISONMENT NOT TO EXCEED EXCEEDING 1 YEAR OR
BOTH.

[(b)] (2) Before any prosecution is begun under this
[section,] SUBSECTION, the Secretary shall serve written
notice of each alleged violation on a person who is in
charge of the place where the violation allegedly exists.

(B) A (1) IN ADDITION TO ANY CRIMINAL PENALTY
IMPOSED UNDER THIS SECTION, A PERSON WHO VIOLATES ANY
PROVISION OF THIS TITLE, ANY RULE, REGULATION, OR ORDER
ISSUED UNDER THIS TITLE, OR ANY TERM, CONDITION, OR
LIMITATION OF ANY LICENSE OR REGISTRATION CERTIFICATE ISSUED
UNDER THIS TITLE, SHALL BE TITLE:

(I)  IS LIABLE FOR A CIVIL PENALTY NOT
EXCEEDING $10,000 $5,000 FOR THE VIOLATION, WHICH MAY BE
RECOVERED , TO BE COLLECTED IN A CIVIL ACTION BROUGHT IN THE
CIRCUIT COURT OF ANY COUNTY OR OF BALTIMORE CITY, AND THE
PERSON MAY FOR ANY COUNTY; AND

(II)  MAY BE ENJOINED FROM CONTINUING THE
VIOLATION. EACH DAY A VIOLATION CONTINUES IS A SEPARATE
VIOLATION UNDER THIS SECTION. THE SECRETARY OF HEALTH AND
MENTAL HYGIENE, (2) WHETHER OR NOT A COURT ACTION HAS BEEN
FILED, THE SECRETARY, WITH THE CONCURRENCE OF THE ATTORNEY
GENERAL, HAS THE POWER TO MAY COMPROMISE AND SETTLE ANY
CLAIM FOR A PENALTY IN SUCH A MANNER AS MAY APPEAR FAIR AND
EQUITABLE UNDER ALL THE CIRCUMSTANCES WHETHER OR NOT AN
ACTION HAS BEEN FILED IN COURT CIVIL PENALTY UNDER THIS
SECTION.

(C) THIS SECTION DOES NOT APPLY TO AN ACTION SUBJECT
TO A PENALTY PROVISION OF TITLE 7 OR TITLE 9 OF THIS
ARTICLE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1982.

Approved June 1, 1982.

CHAPTER 618
(House Bill 467)