§ 7-506. Civil penalties

   (a) Imposition. -- 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) Amount. -- A civil penalty under this section may not exceed $ 5,000 for each violation.

(c) Considerations. --

   (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.

HISTORY: An. Code 1957, art. 100, § 80E; 1991, ch. 8, § 2.