Ch. 5                                        2003 LAWS OF MARYLAND

(I)      THE COURT GIVES THE COMMISSIONER NOTICE AND AN
OPPORTUNITY FOR A HEARING; AND

(II)     THE AGGRIEVED OWNER OR USER POSTS SECURITY OR MEETS
EACH CONDITION THAT THE COURT CONSIDERS PROPER

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48, § 176A.

In subsection (e) of this section, the word "use" is substituted for the former
word "operate" to conform to terminology used throughout this section.

In subsection (f)(2) of this section, the word "may" is substituted for the
former word "shall" to clarify that the action may be brought in either of
the listed jurisdictions.

Defined terms: "Boiler" § 12-901
"Commissioner" § 12-901
"County" § 1-101
"Pressure vessel" § 12-901

12-916. CIVIL PENALTIES.

(A)     IN GENERAL.

EXCEPT AS OTHERWISE PROVIDED IN § 12-915(E) OF THIS SUBTITLE, THE
COMMISSIONER MAY ASSESS A CIVIL PENALTY NOT EXCEEDING $5,000 FOR EACH
VIOLATION AGAINST A PERSON WHO:

(1)      VIOLATES THIS SUBTITLE;

(2)      VIOLATES A REGULATION ADOPTED OR ORDER ISSUED UNDER THIS
SUBTITLE; OR

(3)      OPERATES IN THE STATE A BOILER OR PRESSURE VESSEL, EXCEPT A
PRESSURE VESSEL COVERED BY AN OWNER-USER INSPECTION SERVICE AS
PROVIDED BY THIS SUBTITLE, WITHOUT A CERTIFICATE.

(B)     FACTORS TO BE CONSIDERED.

IN ASSESSING THE APPROPRIATENESS OF A CIVIL PENALTY UNDER THIS
SECTION, THE COMMISSIONER SHALL GIVE DUE CONSIDERATION TO:

(1)      THE NATURE OR GRAVITY OF THE VIOLATION;

(2)      THE PERSON'S GOOD FAITH; AND

(3)      THE PERSON'S HISTORY OF PREVIOUS VIOLATIONS.

(C)     APPEAL; REGULATIONS.

(1) A PERSON MAY REQUEST A HEARING BEFORE THE COMMISSIONER
OR THE COMMISSIONER'S AUTHORIZED REPRESENTATIVE TO CONTEST A PROPOSED
PENALTY OR AN ALLEGED VIOLATION OF THIS SUBTITLE.

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