§ 24-508. Violations; penalties.

   (a) In general. -- Subject to subsection (c) of this section and except as provided in subsection (d) of this section, a person who violates a provision of this subtitle or a regulation adopted under § 24-507(a) of this subtitle:

   (1) For a first violation, shall be issued a written reprimand by the Secretary or the Secretary's designee;

   (2) For a second violation, is subject to a civil penalty of $ 100; and

   (3) For each subsequent violation, is subject to a civil penalty not less than $ 250.

(b) Waiver of penalties. -- The Secretary may waive a penalty established under subsection (a) of this section, giving consideration to factors that include:

   (1) The seriousness of the violation; and

   (2) Any demonstrated good faith measures to comply with the provisions of this subtitle.

(c) Scope. --

   (1) This subsection does not apply to an alleged violation of subsection (d) of this section.

   (2) It is an affirmative defense to a complaint brought against a person for a violation of a provision of this subtitle or a regulation adopted under this subtitle that the person or an employee of the person:

      (i) Posted a "No Smoking" sign as required under § 24-506 of this subtitle;

      (ii) Removed all ashtrays and other smoking paraphernalia from all areas where smoking is prohibited; and

      (iii) If the violation occurred in a bar, tavern, or restaurant:

         1. Refused to seat or serve any individual who was smoking in a prohibited area; and

         2. If the individual continued to smoke after an initial warning, asked the individual to leave the establishment.

(d) Retaliation prohibited. -- An employer who discharges or discriminates against an employee because that employee has made a complaint, has given information to the Department in accordance with this subtitle, has caused to be instituted or is about to cause to be instituted a proceeding under this subtitle, or has testified or is about to testify in a proceeding under this subtitle, shall be deemed in violation of this subtitle and shall be subject to a civil penalty of at least $ 2,000 but not more than $ 10,000 for each violation.

(e) Malicious complaints or bad faith actions prohibited; injunctions and damages. --

   (1) An employee may not:

      (i) Make a groundless or malicious complaint under this subtitle to the Secretary or an authorized representative of the Secretary;

      (ii) In bad faith, bring an action under this subtitle; or

      (iii) In bad faith, testify in an action under this subtitle or a proceeding that relates to the subject of this subtitle.

   (2) The Secretary may bring an action for injunctive relief and damages against a person who violates the provisions of paragraph (1) of this subsection.

(f) Use of penalty funds. -- A penalty collected by the Secretary under this section shall be paid to the Cigarette Restitution Fund established under § 7-317 of the State Finance and Procurement Article.

HISTORY: 2007, ch. 501, § 1; ch. 502, § 1.