(a) Subject to the limitations in this section, the Commissioner may assess a civil penalty against a person who willfully or repeatedly violates: (1) any provision of this title; (2) any order passed under this title; or (3) any regulation adopted to carry out this title. (b) A civil penalty under this section may not exceed $5,000 for each violation. (c) (1) Before the Commissioner assesses a civil penalty against an agricultural operation, the Commissioner shall consider the appropriateness of the penalty in relation to: (i) the size of the business; (ii) any good faith effort to comply with § 7-503 of this subtitle; and (iii) the history of previous violations. (2) Before the Commissioner assesses a civil penalty against a farm labor contractor, the Commissioner shall consider the appropriateness of the penalty in relation to: (i) the size of the business; (ii) the gravity of the violation; (iii) the good faith of the farm labor contractor; and (iv) the history of previous violations in this State or in any other state that relate to licensing or to the treatment of a migrant agricultural worker.
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