(a) Subject to the hearing provisions of § 3-411 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a permit to any applicant, reprimand a permit holder, or suspend or revoke a permit if: (1) the applicant or permit holder fraudulently or deceptively obtains or attempts to obtain a permit; or (2) the permit holder fraudulently or deceptively uses a permit. (b) (1) In addition to a sanction imposed under subsection (a) of this section, the Board may impose a penalty not exceeding $5,000 for: (i) each violation for which a denial, reprimand, suspension, or revocation was imposed under subsection (a) of this section; and (ii) each failure to meet or continue to meet the qualifications or requirements set forth in this subtitle. (2) To determine the amount of the penalty imposed under this subsection, the Board shall consider: (i) the seriousness of the violation; (ii) the harm caused by the violation; (iii) the good faith of the permit holder or the applicant; and (iv) any history of previous violations by the permit holder or the applicant. (c) The Board shall pay any penalty collected under subsection (b) of this section into the General Fund of the State.
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