Penalties.

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    (a)    Any person who has a deaf child under the person’s control and who violates any provision of § 8–3A–02 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5 for each offense.

    (b)    Any person who induces or attempts to induce a deaf child to be absent unlawfully from school, or who employs or harbors a deaf child who is absent unlawfully from school, while the school is in session, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50 for each offense.

    (c)    (1)    Before a State’s Attorney enforces this section, the State’s Attorney shall have the child examined by two physicians to determine whether the child is unable to progress satisfactorily on account of the child’s hearing impairment or from some other cause.

        (2)    One of the physicians shall be an appropriate specialist.

        (3)    If the examination by the physicians indicates that the failure to progress satisfactorily in school is due to a hearing impairment, the State’s Attorney shall enforce the provisions of this section.

        (4)    These medical examinations shall be paid for by the county in which the child who is examined resides.


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