Civil penalty

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    (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)    To determine the amount of the penalty, the Secretary shall consider:

        (1)    the seriousness of the violation;

        (2)    the harm caused by the violation;

        (3)    the good faith of the violator;

        (4)    any history of previous violations by the violator; and

        (5)    any other relevant factors.

    (c)    The Secretary shall pay any penalty collected under this section into the General Fund of the State.


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