15.11.19.04

.04 Assessment of Administrative Penalty.

A. After providing notice and an opportunity to be heard, the Secretary may assess an administrative penalty, not to exceed $10,000, for each act that constitutes a violation of Agriculture Article, Title 3, Subtitle 1, Annotated Code of Maryland, including, but not limited to, any of the separate acts specified in Regulation .03 of this chapter. If the Secretary finds that the person has committed multiple violations of this subtitle, the Secretary, considering the factors specified in §B of this regulation, may assess a separate civil penalty up to $10,000 for each violation.

B. In assessing a civil penalty imposed under §A, the Secretary shall give consideration to:

(1) The seriousness of the violation, including the nature and degree of the potential harm to animal health;

(2) The willfulness of the violation;

(3) The extent to which the existence of the violation was known to the violator, but not corrected or otherwise addressed in a timely and adequate manner;

(4) The extent to which the violator had exercised reasonable care to have prevented the violation from occurring in the first instance;

(5) The actual harm to animal health;

(6) The cost of control;

(7) The extent to which the particular violation is part of a recurrent pattern of the same or similar type of violation committed by the violator; and

(8) Whether the violator previously has violated any provision of Agriculture Article, Title 3, Subtitle 1, Annotated Code of Maryland.

C. A person may appeal under Agriculture Article, §2-405, Annotated Code of Maryland, the Secretary's decision to impose a penalty.

D. 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 Secretary.