A. For purposes of this regulation, the term "order of the Secretary" means an order that the Secretary has issued pursuant to the Maryland Seed Law, including a "stop sale" order.
B. If the Secretary determines that a person has violated an order of the Secretary, the Secretary may impose a civil penalty for each seed lot in violation of the order, as follows:
(1) For the first violation, not more than $100;
(2) For a second violation within a 2-year period, not more than $250; or
(3) For a third or subsequent violation within a 2-year period, not more than $500.
C. In assessing a civil penalty imposed under §B of this regulation, the Secretary shall consider:
(1) The willfulness of the violation and the extent to which the violator exercised reasonable care;
(2) The total number of seed lots found in violation at that location;
(3) The number of packages contained in each lot; and
(4) The extent to which the current violation is a part of recurrent violations of the Maryland Seed Law committed by the violator.
D. A person may appeal under Agriculture Article, §2-405, Annotated Code of Maryland, the Secretary's decision to impose a civil penalty.
E. Unless a stay has been granted, a person against whom a civil penalty has been imposed under this regulation shall pay the amount of the penalty promptly to the Department.