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15.03.10.00.htm 15.03.10.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 03 WEIGHTS AND MEASURES Chapter 10 Civil Penalty Standards for Weights and Measures Authority: Agriculture Article, §11-208.1, Annotated Code of Maryland
15.03.10.01.htm 15.03.10.01. 01 Scope.. This chapter establishes standards for imposing civil penalties against a person who violates any provision of Agriculture Article, Title 11, Annotated Code of Maryland, or any regulation adopted under that title.
15.03.10.02.htm 15.03.10.02. 02 Assessment of Civil Penalty.. Instead of pursuing criminal charges, the Secretary may impose a civil penalty as provided under Regulation .03 of this chapter on a person who:A. Uses an uninspected or unapproved weight and measure for:. 1) Buying or selling any commodity or object,. 2) Hire or award,. 3) Computing any charge or payment for services rendered on the basis of weight or measurement, or. 4) Determining any weight and measure for a charge;. B. Disposes of any reject
15.03.10.03.htm 15.03.10.03. 03 Classification of Violations for the Purpose of Determining Penalties.. A. In this regulation, "violation" means a criminal conviction or an administrative finding that a person has committed one of the acts referenced under Regulation .02 of this chapter.B. For a violation of an act referenced under Regulation .02 of this chapter, a civil penalty may be imposed by the Secretary considering the nature and gravity of each violation consistent with the following standards:
15.03.10.04.htm 15.03.10.04. 04 Payment of Penalty.. Unless a stay has been granted, a person against whom a civil penalty has been imposed under this chapter shall pay the amount of the penalty promptly to the Department within the time specified in the Department's notice to that person, or as otherwise agreed upon by the Department and the person.
15.03.10.05.htm 15.03.10.05. 05 Appeal.. A person may appeal the Secretary's decision to impose a civil penalty as provided in Agriculture Article, §2-405, Annotated Code of Maryland. The person shall be notified of this right to appeal.
15.03.10.9999.htm 15.03.10.9999. Administrative History Effective date: December 5, 1994 (21:24 Md. R. 1990). Regulation .02L adopted effective January 21, 2013 (40:1 Md. R. 21).
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