Penalties

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    (a)    (1)    In this section, “officer” includes a superintendent, manager, or agent of a corporation regardless of whether the corporation provides heating, ventilation, air-conditioning, or refrigeration services.

        (2)    Any person, including an officer, who violates § 9A-501, § 9A-502, § 9A-503, or § 9A-504 of this subtitle is guilty of a misdemeanor, and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both and, on a second or subsequent conviction, subject to a fine not exceeding $5,000 or imprisonment not exceeding 2 years or both.

    (b)    Any person who violates any provision of § 9A-402 of this title is guilty of a misdemeanor, and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both.

    (c)    (1)    Except as otherwise provided by this title, the Board may impose on a person who violates any provision of this title a penalty not exceeding $5,000 for each violation.

        (2)    In setting the amount of the penalty, the Board shall consider:

            (i)    the seriousness of the violation;

            (ii)    the harm caused by the violation;

            (iii)    the good faith of the violator;

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

            (v)    any other relevant factors.

        (3)    The Board shall pay any penalty collected under this subsection into the General Fund of the State.


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