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Ch. 501
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Martin O'Malley, Governor
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ABOUT TO TESTIFY IN A PROCEEDING UNDER THIS SUBTITLE, SHALL BE
DEEMED IN VIOLATION OF THIS SUBTITLE AND SHALL BE SUBJECT TO A CIVIL
PENALTY OF AT LEAST $2,000 BUT NOT MORE THAN $10,000 FOR EACH
VIOLATION.
(E) (1) AN EMPLOYEE MAY NOT:
(I) MAKE A GROUNDLESS OR MALICIOUS COMPLAINT
UNDER THIS SUBTITLE TO THE SECRETARY OR AN AUTHORIZED
REPRESENTATIVE OF THE SECRETARY;
(II) IN BAD FAITH, BRING AN ACTION UNDER THIS SUBTITLE;
OR
(III) IN BAD FAITH, TESTIFY IN AN ACTION UNDER THIS
SUBTITLE OR A PROCEEDING THAT RELATES TO THE SUBJECT OF THIS
SUBTITLE.
(2) THE SECRETARY MAY BRING AN ACTION FOR INJUNCTIVE
RELIEF AND DAMAGES AGAINST A PERSON WHO VIOLATES THE PROVISIONS OF
PARAGRAPH (1) OF THIS SUBSECTION.
(F) A PENALTY COLLECTED BY THE SECRETARY UNDER THIS SECTION
SHALL BE PAID TO THE CIGARETTE RESTITUTION FUND ESTABLISHED UNDER §
7-317 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
24-509.
(A) THE SECRETARY, IN CONSULTATION WITH THE COMPTROLLER,
WITHIN 90 DAYS FROM THE RECEIPT OF AN APPLICATION FOR A WAIVER AND
THE DATE THAT ALL CONDITIONS FOR THE APPLICATION FOR A WAIVER
REQUIRED IN THE REGULATIONS ADOPTED BY THE SECRETARY HAVE BEEN
SATISFIED, THE HEALTH OFFICER OF A COUNTY MAY GRANT A WAIVER FROM THE
APPLICATION OF A SPECIFIC PROVISION OF THIS SUBTITLE, IF PRIOR TO THE
GRANTING OF THE WAIVER, THE APPLICANT FOR A WAIVER ESTABLISHES IN
WRITING:
(1) COMPLIANCE WITH A SPECIFIC PROVISION OF THIS SUBTITLE
WOULD CAUSE UNDUE FINANCIAL HARDSHIP; OR
(2) THE EXISTENCE OF OTHER FACTORS THAT WOULD RENDER
COMPLIANCE UNREASONABLE.
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- 3295 -
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