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Martin O'Malley, Governor
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Ch. 502
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(B) (1) THE DEPARTMENT SHALL ADOPT REGULATIONS THAT
PROHIBIT ENVIRONMENTAL TOBACCO SMOKE, AS DEFINED IN § 24-501 OF THE
HEALTH - GENERAL ARTICLE, IN INDOOR PLACES OF EMPLOYMENT NOT
NORMALLY OPEN TO THE GENERAL PUBLIC.
(2) SUBJECT TO SUBSECTION (C) OF THIS SECTION, A PERSON
WHO VIOLATES A REGULATION ADOPTED UNDER THIS SUBTITLE:
(I) FOR A FIRST VIOLATION, SHALL BE ISSUED A WRITTEN
REPRIMAND BY THE COMMISSIONER OR THE COMMISSIONER'S DESIGNEE;
(II) FOR A SECOND VIOLATION, IS SUBJECT TO A CIVIL
PENALTY OF $100; AND
(III) FOR EACH SUBSEQUENT VIOLATION, IS SUBJECT TO A
CIVIL PENALTY NOT LESS THAN $250.
(C) THE COMMISSIONER MAY WAIVE A PENALTY ESTABLISHED UNDER
SUBSECTION (B) OF THIS SECTION, GIVING CONSIDERATION TO FACTORS THAT
INCLUDE:
(1) THE SERIOUSNESS OF THE VIOLATION; AND
(2) ANY DEMONSTRATED GOOD FAITH MEASURES TO COMPLY
WITH THE PROVISIONS OF THIS SUBTITLE.
(D) A PENALTY COLLECTED BY THE COMMISSIONER UNDER THIS
SECTION SHALL BE PAID TO THE CIGARETTE RESTITUTION FUND ESTABLISHED
UNDER § 7-317 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
(C)(E) ON OR BEFORE SEPTEMBER 30 OF EACH YEAR, THE
DEPARTMENT SHALL REPORT, IN ACCORDANCE WITH § 2-1246 OF THE STATE
GOVERNMENT ARTICLE, TO THE GENERAL ASSEMBLY ON:
(1) THE ENFORCEMENT EFFORTS OF THE DEPARTMENT TO
ELIMINATE ENVIRONMENTAL TOBACCO SMOKE, AS DEFINED IN § 24-501 OF THE
HEALTH - GENERAL ARTICLE, IN INDOOR PLACES OF EMPLOYMENT DURING
THE PRIOR YEAR; AND
(2) THE RESULTS OF THESE ENFORCEMENT EFFORTS.
(D)(F) AN EMPLOYER WHO DISCHARGES OR DISCRIMINATES
AGAINST AN EMPLOYEE BECAUSE THAT EMPLOYEE HAS MADE A COMPLAINT
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- 3321 -
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