WILLIAM DONALD SCHAEFER, Governor Ch. 232

(A)  (1)- A PERSON OR FIRM WHO VIOLATES A PROVISION OF THIS
SUBTITLE OR A REGULATION OR ORDER ISSUED UNDER THIS SUBTITLE MAY
BE ASSESSED A CIVIL PENALTY OF NOT MORE THAN $5,000 FOR EACH
VIOLATION.

(2)   IN ASSESSING THE APPROPRIATENESS OF PENALTIES
UNDER THIS SUBTITLE, THE COMMISSIONER SHALL GIVE DUE
CONSIDERATION TO THE NATURE OR GRAVITY OF THE VIOLATION, AND THE
PERSON'S OR FIRM'S GOOD FAITH AND HISTORY OF PREVIOUS VIOLATIONS.

(3)  (I) A PERSON OR FIRM MAY CONTEST A PROPOSED
PENALTY OR ALLEGED VIOLATION UNDER THIS SUBTITLE BY REQUESTING A
HEARING BEFORE THE COMMISSIONER OF LABOR AND INDUSTRY OR THE
COMMISSIONER'S AUTHORIZED REPRESENTATIVE.

(II) THE COMMISSIONER SHALL ADOPT REGULATIONS
AS ARE REASONABLY NECESSARY TO IMPLEMENT THIS SUBSECTION,
CONSISTENT WITH THE REQUIREMENTS OF TITLE 10, SUBTITLE 1 OF THE
STATE GOVERNMENT ARTICLE.

(B)  A PERSON OR FIRM IS GUILTY OF A VIOLATION OF THIS
SUBTITLE AND UPON CONVICTION THEREOF, FOR EACH SUCH OFFENSE,
SHALL BE SUBJECT TO A FINE OF NOT MORE THAN $5,000 OR TO
IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR BOTH SUCH FINE AND
IMPRISONMENT, IF THE PERSON OR FIRM:

(1)  OPERATES IN THIS STATE A BOILER OR PRESSURE
VESSEL, EXCEPT A PRESSURE VESSEL COVERED BY OWNER OR USER
INSPECTION SERVICE AS PROVIDED BY THIS SUBTITLE, WITHOUT A VALID
INSPECTION CERTIFICATE;

(2)  OPERATES IN THIS STATE A BOILER OR PRESSURE
VESSEL AT A PRESSURE EXCEEDING THAT SPECIFIED ON THE INSPECTION
CERTIFICATE; OR

(3)  INTERFERES WITH OR IMPEDES THE OFFICIAL DUTIES OF
THE COMMISSIONER, THE COMMISSIONER'S AUTHORIZED REPRESENTATIVE,
OR A MEMBER OF THE BOARD OF BOILER RULES.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect June 1, 1989.

Approved May 5, 1989.

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