(a) If the Secretary, or the Secretary’s designee, determines that an employer has violated § 11-305 of this subtitle, the Secretary, or the Secretary’s designee:

(1) shall issue an order compelling compliance; and

(2) may, in the Secretary’s, or the Secretary’s designee’s, discretion, assess a civil penalty of up to $10,000 per day for each day that an employer violated § 11-305 of this subtitle.

(b) In determining the amount of the penalty, if assessed, the Secretary, or the Secretary’s designee, shall consider:

(1) the gravity of the violation;

(2) the size of the employer’s business;

(3) the employer’s good faith; and

(4) the employer’s history of violations under this subtitle.

(c) The assessment of a penalty under subsection (a)(2) of this section shall be subject to the notice and hearing requirements of Title 10, Subtitle 2 of the State Government Article.