ROBERT L. EHRLICH, JR., Governor

Ch. 421

4-416.

(A)     EXCEPT AS OTHERWISE PROVIDED IN THIS SUBTITLE AND SUBJECT TO
THE PROVISIONS OF § 4-407 OF THIS SUBTITLE, THE SECRETARY MAY ASSESS A CIVIL
PENALTY AGAINST A PERSON WHO VIOLATES ANY PROVISION OF THIS SUBTITLE NOT
TO EXCEED $25,000.

(B)     (1) TO DETERMINE THE AMOUNT OF THE PENALTY, THE SECRETARY
SHALL CONSIDER:

(I)      THE SERIOUSNESS OF THE VIOLATION;

(II)     THE HARM CAUSED BY THE VIOLATION;

(III)   THE GOOD FAITH OF THE VIOLATOR;

(IV)    ANY HISTORY OF PREVIOUS VIOLATIONS BY THE VIOLATOR;

AND

(V) ANY OTHER RELEVANT FACTORS.

(C) THE SECRETARY SHALL PAY ANY PENALTY COLLECTED UNDER THIS
SECTION INTO THE GENERAL FUND OF THE STATE.

4-417.

IN APPLYING AND CONSTRUING THIS UNIFORM ACT, CONSIDERATION MUST BE
GIVEN TO THE NEED TO PROMOTE UNIFORMITY OF THE LAW WITH RESPECT TO ITS
SUBJECT MATTER AMONG STATES THAT ENACT IT.

4-418.

THE PROVISIONS OF THIS SUBTITLE GOVERNING THE LEGAL EFFECT,
VALIDITY, OR ENFORCEABILITY OF ELECTRONIC RECORDS OR SIGNATURES, AND OF
CONTRACTS FORMED OR PERFORMED WITH THE USE OF SUCH RECORDS OR
SIGNATURES CONFORM TO THE REQUIREMENTS OF SECTION 102 OF THE
ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, PUB. L. NO.
106-229, 114 STAT. 464 (2000), AND SUPERSEDE, MODIFY, AND LIMIT THE ELECTRONIC
SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.

4-419.

IF ANY PROVISION OF THIS SUBTITLE OR ITS APPLICATION TO ANY PERSON OR
CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY DOES NOT AFFECT OTHER
PROVISIONS OR APPLICATIONS OF THIS SUBTITLE WHICH CAN BE GIVEN EFFECT
WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS END THE
PROVISIONS OF THIS SUBTITLE ARE SEVERABLE.

4-420.

THE SECRETARY SHALL ADOPT REGULATIONS TO CARRY OUT THIS SUBTITLE.
4-421.

THIS SUBTITLE IS THE MARYLAND UNIFORM ATHLETE AGENTS ACT.

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