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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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