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2007 Laws of Maryland
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Ch.3
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IF A CIVIL MONEY PENALTY IS IMPOSED UNDER THIS SECTION, THE PROVIDER
HAS THE RIGHT TO APPEAL FROM THE ORDER IN ACCORDANCE WITH TITLE 10,
SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE.
(H) TRIPLE PENALTY.
THE SECRETARY MAY IMPOSE A PENALTY OF THREE TIMES THE AMOUNT SET
FORTH IN SUBSECTION (D) OF THIS SECTION ON A PROVIDER OF CONGREGATE
HOUSING SERVICES IF A PENALTY WAS IMPOSED ON THE PROVIDER FOR THE SAME
VIOLATION DURING THE 2 YEARS BEFORE THE DATE ON WHICH THE NOTICE OF
VIOLATION WAS ISSUED.
(I) FINAL ORDER
(1) AN ORDER IMPOSING A CIVIL MONEY PENALTY IS FINAL WHEN THE
PROVIDER HAS EXHAUSTED ALL OPPORTUNITIES TO CONTEST THE PENALTY UNDER
SUBSECTION (F) OR (G) OF THIS SECTION.
(2) A PROVIDER SHALL PAY ALL PENALTIES TO THE DEPARTMENT
WITHIN 10 DAYS AFTER THE PROVIDER RECEIVES A FINAL ORDER IMPOSING A
PENALTY.
(3) IF A PROVIDER DOES NOT COMPLY WITH THIS SECTION, THE
DEPARTMENT MAY FILE A CIVIL ACTION TO RECOVER THE PENALTY.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 70B, §§ 4-1 and 4(b)(11).
In the introductory language of subsection (a) of this section, the former
phrase "under § 4-1 of this article" is deleted as surplusage.
In subsection (a)(1) of this section, the reference to a resident of
"congregate housing" is substituted for the former reference to a resident of
the "program" for clarity.
Also in subsection (a)(1) of this section, the former reference to a violation
"in a congregate housing services program" is deleted as implicit.
In subsection (a)(3) of this section, the reference to a fire safety "law" is
substituted for the former reference to "regulations" for clarity.
Also in subsection (a)(3) of this section, the reference to "a violation ... of"
a State or local fire safety law is substituted for the former reference to
"[n]oncompliance with" a State or local fire safety law for clarity.
In the introductory language of subsection (b) of this section, the phrase
"[b]efore imposing a penalty under this section" is substituted for the
former phrase "[i]f the Department issues a notice of a violation under
subsection (a) of this section" for clarity.
Also in the introductory language of subsection (b) of this section, the
requirement that "the Department shall send a notice of violation to the
provider" is added for clarity.
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- 402 -
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