PARRIS N. GLENDENING, Governor                            H.B. 259

(c)     (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE
Commissioner may assess a civil penalty against an employer who:

[(1)] (I) willfully or repeatedly violates this title, an order passed under this
title, or a regulation adopted to carry out this title; or

[(2)] (II) receives a citation for a violation of a provision of this title, an
order passed under this title, or a regulation adopted to carry out this title and there is a
specific determination that the violation is not of a serious nature.

(2) THE COMMISSIONER MAY NOT ASSESS A CIVIL PENALTY AGAINST
AN EMPLOYER UNDER PARAGRAPH (1)(II) OF THIS SUBSECTION IF:

(I)      THE VIOLATION IS A FIRST VIOLATION THE COMMISSIONER HAS
NOT PREVIOUSLY NOTIFIED THE EMPLOYER OF THE VIOLATION;

(II)    THE VIOLATION IS IDENTIFIED DURING A FIRST INSPECTION
OF THE EMPLOYER'S PLACE OF EMPLOYMENT;

(III) THE VIOLATION IS NOT A SERIOUS VIOLATION; AND

(IV) (III) THE EMPLOYER CORRECTS THE VIOLATION WITHIN 30 10
DAYS AFTER ISSUANCE OF THE CITATION.

(d)     The Commissioner may assess a civil penalty against an employer who does
not correct a violation for which a citation is issued within the period set under this title
for correction.

5-810.

(a)     (1) Except as provided in paragraph (2) of this subsection, a civil penalty
under § 5-809 of this subtitle may not exceed:

(i) $7,000 for each violation; and

(ii) if an employer does not correct a violation within the period
allowed for correction, $7,000 for each day that the violation continues.

(2)     A civil penalty for a willful or repeated violation of a provision of this
title, an order passed under this title, or a regulation adopted to carry out this title may
not exceed $70,000 for each violation.

(3)     A civil penalty for a willful violation of a provision of this title, an order
passed under this title, or a regulation adopted to carry out this title may not be less than
$5,000.

(b)     Before the Commissioner assesses a civil penalty under § 5-809 of this
subtitle, the Commissioner shall consider the appropriateness of the penalty in relation
to:

(1)     the size of the business of the employer against whom the penalty is to
be assessed;

(2)     the gravity of the violation for which the penalty is to be assessed;

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