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15.15.09.00.htm 15.15.09.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 15 MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION Chapter 09 Civil Penalty Standards Authority: Agriculture Article, §2-519, Annotated Code of Maryland
15.15.09.01.htm 15.15.09.01. 01 Penalty in Violation.. A. The Foundation may impose a civil penalty on an owner of a property whose farm is subject to the terms of an easement granted under Agriculture Article, Title 2, Subtitle 5, Annotated Code of Maryland, who violates that subtitle, any regulations adopted in accordance with the subtitle, or the terms of the easement.B. A civil penalty may be imposed by the Foundation instead of, or in addition to, any remedies at law or in equity.
15.15.09.02.htm 15.15.09.02. 02 Violation.. A. Property Use. Except as otherwise permitted by Agriculture Article, §2-513, Annotated Code of Maryland, the deed of easement, or Foundation approval, the Foundation may impose a civil penalty on a property owner subject to this chapter who:1) Uses easement property for commercial, industrial, or residential use;. 2) Grants an easement, right-of-way, oil, gas, or mineral lease, or similar servitude on land to any person or government agency;
15.15.09.03.htm 15.15.09.03. 03 Violation Classification and Penalty.. A. The Foundation may impose a penalty for:. 1) Up to $2,500 for each violation;. 2) Each day a violation occurs; and. 3) Up to $50,000 in penalties during one administrative hearing.. B. Before imposing any civil penalty under this chapter, the Foundation shall consider the following:1) The nature and gravity of each violation;. 2) The willfulness of the violation and the extent to which the existence of the violation was known
15.15.09.04.htm 15.15.09.04. 04 Civil Penalty Procedure.. A. The Foundation shall issue a written notice of violation to the property owner upon finding that a violation has occurred or is ongoing.B. A written notice of violation shall include:. 1) A statement of the statute, regulation, or deed of easement violated by the landowner;. 2) A description of the evidence of a violation;. 3) A statement informing the property owner of the right to an informal meeting with the Foundation;.
15.15.09.05.htm 15.15.09.05. 05 Contested Case Hearing; Appeal.. A property owner may petition the Foundation for a contested case hearing on the violation and penalty within 30 calendar days of the issuance of the notice of violation by the Foundation. The Office of Administrative Hearings shall conduct a hearing and issue proposed findings of fact and conclusions of law pursuant to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. The Foundation shall adopt or reject the proposed fi
15.15.09.06.htm 15.15.09.06. 06 Penalty Payment.. A. Unless a property owner requests a contested case hearing, the property owner shall promptly pay the penalty.B. Payment of a penalty is not a substitute for compliance. If the property owner continues to violate this chapter, the Foundation may impose additional civil penalties or pursue other remedies at law or in equity.
15.15.09.07.htm 15.15.09.07. 07 Violation Date.. This chapter applies to any violation that occurs on or after October 1, 2009..
15.15.09.9999.htm 15.15.09.9999. Administrative History Effective date: May 17, 2010 (37:10 Md. R. 724).
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