(a) Except as otherwise provided in § 12-915(e) of this subtitle, the Commissioner may assess a civil penalty not exceeding $5,000 for each violation against a person who: (1) violates this subtitle; (2) violates a regulation adopted or order issued under this subtitle; or (3) operates in the State a boiler or pressure vessel, except a pressure vessel covered by an owner-user inspection service as provided by this subtitle, without a certificate. (b) In assessing the appropriateness of a civil penalty under this section, the Commissioner shall give due consideration to: (1) the nature or gravity of the violation; (2) the person's good faith; and (3) the person's history of previous violations. (c) (1) A person may request a hearing before the Commissioner or the Commissioner's authorized representative to contest a proposed penalty or an alleged violation of this subtitle. (2) The Commissioner shall adopt regulations as reasonably necessary to carry out this subsection.
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