2013 Maryland Code
AGRICULTURE
§ 2-718 - Penalty; hearing.

§2-718.

(a) Any person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 11 months or both.

(b) (1) Instead of pursuing criminal penalties under subsection (a) of this section, the Board may impose an administrative penalty on any person who violates any provision of § 2-710 or § 2-715 of this subtitle.

(2) The penalty imposed under this subsection may not exceed $2,000 for each violation of this subtitle.

(3) All penalties collected under this subsection shall be paid into the General Fund of the State.

(4) The Board shall adopt regulations necessary to implement the provisions of this subsection.

(c) Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 2-710 or § 2-715 of this subtitle, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board.

(d) The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.

(e) The person may be represented at the hearing by counsel.

(f) The Board may issue subpoenas in connection with any investigation of charges under § 2-710 of this subtitle or proceedings under this section.

(g) If, after due notice, the person against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.