ROBERT L. EHRLICH, JR., Governor                             Ch. 316

(I) shall assess a civil penalty against an employer who receives a
citation for a serious violation of this title, an order passed under this title, or a
regulation adopted to carry out this title; AND

(II) MAY ASSESS A CIVIL PENALTY AGAINST A PUBLIC BODY THAT
RECEIVES A CITATION FOR A SERIOUS VIOLATION OF THIS TITLE, AN ORDER PASSED
UNDER THIS TITLE, OR A REGULATION ADOPTED TO CARRY OUT THIS TITLE.

[(b)] (C) The Commissioner:

(1) shall assess a civil penalty against an employer who violates a
requirement for posting imposed under this title; AND

(2) MAY ASSESS A CIVIL PENALTY AGAINST A PUBLIC BODY THAT
VIOLATES A REQUIREMENT FOR POSTING IMPOSED UNDER THIS TITLE.

[(c)] (D) The Commissioner may assess a civil penalty against an employer OR
PUBLIC BODY [who] THAT:

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

(2) 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.

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

5-812.

(A) [Each] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, EACH
civil penalty under this title shall be paid into the General Fund of the State.

(B) (1) THERE IS A WORKPLACE HAZARD ABATEMENT FUND.

(2) THE COMMISSIONER SHALL PAY EACH CIVIL PENALTY COLLECTED
FROM A PUBLIC BODY UNDER § 5-809(B)(2), (C)(2), (D), OR (E) OF THIS SUBTITLE TO THE
COMPTROLLER WHO SHALL DISTRIBUTE THE FUNDS TO THE WORKPLACE HAZARD
ABATEMENT FUND.

(3) (I) THE FUND SHALL BE USED TO ASSIST A PUBLIC BODY IN
ABATING A WORKPLACE HAZARD.

(II) THE FUND IS A CONTINUING NONLAPSING FUND, NOT SUBJECT
TO § 7-302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.

(III) ANY UNSPENT PORTIONS OF THE FUND MAY NOT REVERT OR
BE TRANSFERRED TO THE GENERAL FUND OF THE STATE, BUT SHALL REMAIN IN
THE FUND TO BE USED FOR THE PURPOSE SPECIFIED IN SUBSECTION (B)(3)(I) OF
THIS SECTION.

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