.12 Civil Penalties.

A. Instead of, or in addition to, suspension or revocation of a license, the Secretary may impose a civil penalty as provided under §D of this regulation on a person who:

(1) Makes fraudulent or deceptive statements on an application for a license;

(2) Submits fraudulent or deceptive financial or insurance documentation;

(3) Fails to maintain adequate insurance on all grain received into the physical control or possession of the grain dealer;

(4) Refuses to make business records available upon request;

(5) Operates as a grain dealer without first obtaining a license; or

(6) Violates any other provisions of this chapter.

B. Classification of Violations for the Purpose of Determining Penalties.

(1) In this regulation, "violation" means a criminal conviction or an administrative finding that a person has committed any of the acts provided under §A of this regulation.

(2) For a violation of an act referenced under §A of this regulation, a civil penalty may be imposed by the Secretary, considering the nature and gravity of each violation, consistent with the following standards:

(a) For the first violation, a penalty of not more than $500;

(b) For the second violation, a penalty of not more than $1,000; and

(c) For the third and any subsequent violation, a penalty of not more than $5,000.

C. Payment of Penalty. Unless a stay has been granted, a person against whom a civil penalty has been imposed under this chapter shall promptly pay the amount of the penalty to the Department within the time specified in the Department's notice to that person, or as otherwise agreed upon by the Department and the person.

D. Appeal. A person may appeal the Secretary's decision to impose a civil penalty as provided in Agriculture Article, §2-405, Annotated Code of Maryland. The person shall be notified by the Department of this right to appeal.