15.08.01.13

.13 Assessment of Civil Penalty.

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.