Civil penalties

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    (a)    Subject to the limitations in this section, the Commissioner may assess a civil penalty against a person who willfully or repeatedly violates:

        (1)    any provision of this title;

        (2)    any order passed under this title; or

        (3)    any regulation adopted to carry out this title.

    (b)    A civil penalty under this section may not exceed $5,000 for each violation.

    (c)    (1)    Before the Commissioner assesses a civil penalty against an agricultural operation, the Commissioner shall consider the appropriateness of the penalty in relation to:

            (i)    the size of the business;

            (ii)    any good faith effort to comply with § 7-503 of this subtitle; and

            (iii)    the history of previous violations.

        (2)    Before the Commissioner assesses a civil penalty against a farm labor contractor, the Commissioner shall consider the appropriateness of the penalty in relation to:

            (i)    the size of the business;

            (ii)    the gravity of the violation;

            (iii)    the good faith of the farm labor contractor; and

            (iv)    the history of previous violations in this State or in any other state that relate to licensing or to the treatment of a migrant agricultural worker.


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