A. Criminal Penalty. A person that maintains and operates a nursery school or a child care program without a license or a letter of compliance, if convicted, is guilty of a misdemeanor and subject to a fine not exceeding:
(1) $1,500 for the first violation; and
(2) $2,500 for a second or subsequent violation.
B. Civil Penalty.
(1) A person who maintains and operates a nursery school or child care program without a license or letter of compliance, or who violates any regulation in this subtitle, is subject to a civil penalty imposed in a civil action of not more than $1,000 for each violation, and each day a violation occurs or the facility operates illegally is considered a separate violation.
(2) The total amount of the civil penalties imposed in a civil action under this section may not exceed $5,000.