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in subsection 4, paragraph B are present, a fine of not less | | than $1,000 nor more than $50,000 for each violation may be | | adjudged. |
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| | | A.__Each day that a violation of section 643, 644, 645 or | | 646 or rules adopted pursuant to those sections remains | | uncorrected following notice to the employer or other | | person may be counted as a separate violation. |
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| | | B.__The bureau may direct an employer or other person to | | correct any violations in a manner and within a time frame | | that the bureau determines appropriate to ensure | | compliance with this subchapter, with the rules adopted | | under this subchapter or to protect the public health.__ | | Failure to correct violations within a time frame | | established by the bureau constitutes a separate violation | | subject to fine. |
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| | | C.__The Attorney General may bring an action seeking | | forfeitures under this subsection, to enjoin violations of | | this subchapter and for any other available remedy. |
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| | | 4.__Private right of action.__A person aggrieved by a | | violation of this subchapter or any regulation under this | | subchapter by an employer or other person or entity may file | | suit in any court of this State having jurisdiction over the | | parties, without regard to exhaustion of administrative | | remedies that may exist. |
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| | | A.__If the court finds that an employer or other person | | has violated a provision of this subchapter or any rule | | adopted pursuant to this subchapter, the court shall award | | damages up to and including an amount equal to the actual | | damages or statutory damages of up to $2,500 per plaintiff | | per violation, equitable relief as appropriate, costs and | | reasonable attorney's fees to the aggrieved person or | | persons. |
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| | | B.__Notwithstanding paragraph A or C, the court shall | | award statutory damages of up to $50,000 per plaintiff per | | violation if the court finds that: |
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| | | (1) The defendant knowingly required or permitted a | | driver to drive a vehicle used to transport any | | forestry worker while under the influence of alcohol | | or any substance listed in Title 17-A, section 1102, | | the defendant had actual knowledge of the driver's | | condition and, as a result of the driver's driving | | while under the influence, the forestry worker | | represented in the action under this subsection | | suffered bodily injury or death; |
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