1. Civil Money Penalties Legal Resource Center for Public Health Policy
University of Maryland Francis King Carey School of Law
June 21, 2017

2. Disclaimer
The Legal Resource Center for Public Health Policy provides information and technical assistance on issues related to public health in Maryland. The legal information and assistance does not constitute legal advice or legal representation. For legal advice, one should consult a lawyer licensed to practice law in their state.

3. Presenters Kathi Hoke, Director, Legal Resource Center
Brooke Torton, Staff Attorney, Legal Resource Center
Will Tilburg, Managing Director, Legal Resource Center

4. Overview Civil Money Penalties: General Introduction
Coordination with Enforcement Officers, District Court and County Attorney
Developing an Enforcement Program
Completing and Issuing the Citation
Reporting Information and Requirements
Training Enforcement Personnel/ Designees
What to Expect from the LRC?

5. General Introduction

6. Civil Money Penalties Illegal Sale of Tobacco Products to a Minor
Civil Money Penalty
Criminal Penalty
Illegal Sale of Tobacco Products to a Minor
Sale of E-Cigarettes to a Minor
Health-Gen., §
Criminal Law, §
Health-Gen., §
Civil money penalties for persons or business that distribute tobacco products, tobacco paraphernalia or coupons redeemable for tobacco products to minors.
$300 for a first violation;
$1000 for a second violation within 24 months of the first; and
$3000 for each subsequent violation occurring within 24 months after the preceding violation.
Maryland Code, Health General §
Effective date: October 1, 2017
Note: Sale of e-cigarettes: $300 for first violation, and $500 for any subsequent violation within 24 months

7. Step 1: Designating Enforcement Personnel

8. Q: Who can issue a citation under 24-307?
A: The statute authorizes a health officer or a designee to issue citations for the illegal sale of tobacco products to minors.
“Designee” means:
A retired sworn law enforcement officer, OR
An employee of a local health department trained in civil enforcement
Note: You may maintain existing relationship with law enforcement, if preferred
A retailer may not be cited under § and § for the same violation. But, either or both statutes may be enforced

9. Q: How does a health officer designate a civil enforcement officer?
A: The statute does not establish specific procedures for designation. A health officer should draft and sign a memo identifying and designating an employee as a civil enforcement officer.
LRC will share “designee forms” for jurisdictions to use
Any specific designation procedure questions should be directed to the County Attorney’s office in your jurisdiction
Important: The designation must: (1) reference the code section (§24-307(b)) and (2) Clearly set the parameters of the authority being delegated

10. Q: What is the state classification for a civil enforcement officer?
A: Employment designations may vary by jurisdiction and type of employee (i.e. full- time vs. part-time).
Contact county HR department
LRC can provide sample job description or classification from other counties

11. Q: What does “trained in civil enforcement” mean?
A: The law does not establish specific procedures or training necessary to conduct retail compliance checks.
LRC will develop an online training module that will train local health department employees in:
Conducting an enforcement check
Completing a citation
Collecting and submitting evidence
Providing written and/or oral testimony to the District Court
LRC can conduct in-person trainings on a county or regional basis
LRC will respond to questions about the training or inspection process
Enforcement training does NOT have to be tobacco-specific (though it helps). If a local dept. already trains employees in civil enforcement for other purposes, this should be sufficient.

12. Step 2: Coordinating with the District Court and County Attorney’s Office

13. Define the persons permitted to issue citations;
Q: Why coordinate with the District Court and County Attorney’s Office?
A: The District Court will receive any challenges to citations issued under , and the County Attorney’s office will prosecute these cases. All agencies should be on the same page BEFORE enforcement starts.
Q: What issues/procedures should be addressed with the District Court and County Attorney’s Office?
A: The following questions should be answered before conducting any enforcement checks under § :
Who will collect the penalty dollars (i.e. checks) and where does the money go?
What evidence will the Court require?
Who will prosecute these cases?
Where should the citations be sent?
What questions do the Court and/or the County Attorney’s Office have about the program?
Enforcement:
Sworn law enforcement, county health officers or designees may enforce.
You may continue working with law enforcement, if already enforcing Criminal Law,
Designating and training enforcement personnel:
Define the persons permitted to issue citations;
Complete “designee” form provided by the LRC;
LRC will also provide training certificates; and
Maintain employee training records.
Coordinate meeting with District Court Clerk , County Attorney (or a qualified representative from each) and Enforcement Officers:
Outline intentions and roles of each player.
Determine where the collected monies will be sent by District Court.
Form letters will be provided by the LRC.

14. Step 3: Developing an Enforcement Program

15. Important Considerations
Identifying licensed retailers in your jurisdiction
How many checks? Typical approaches include:
Visiting each retailer at least once each fiscal year
Combination of random checks and targeted checks at previous violators (i.e. if a retailer violates the store will be inspected again within 30, 60, or 90 days)
Set aside x dollars for enforcement and conduct checks until the requisite number of hours is hit
Spend x hours per week or conduct x number of checks per week
Identifying youth to participate in inspection checks
Hire vs. Volunteer
Parental consent forms
Procedures for conducting the inspection:
Comptroller “best practices” guidelines
Incorporate feedback from county attorney/District Court
Procedures for collecting/depositing fine payment and notifying the District Court of trial requests

16. You’re not alone…
10 of 24 Maryland jurisdictions have county/state civil money penalty provisions for tobacco sales to minors
Active enforcement of these laws is occurring in the following counties:
Carroll
Cecil
Baltimore County
Garrett
Baltimore City
St. Mary’s
Montgomery
Prince George’s

17. Step 4: Completing the Citation

18. Maryland Uniform Civil Citation
DC-028 provides a single format for issuing citations for civil offenses
May only be used for individuals 18 and older
May be used to enforce county and state codes
Must be completed according to requirements est. under § (e)(3)

19. Maryland Uniform Civil Citation
Must include the following information:
Name and address of the person cited
Nature of the violation
Location and time of violation
Note: The enforcement officer must sign, the citation is valid with or without the defendant’s signature

20. Maryland Uniform Civil Citation
Must include the following information:
The amount of the civil penalty
The manner, location, and time the penalty may be paid
Notice stating the right to elect to stand trial
Warning that failure to pay or elect to stand trial: (1) is an admission of liability, and (2) may result in a default judgment that may include the penalty and court costs

21. Most common reasons for voiding Uniform Civil Citation
Use of a citation form other than DC-028
Wrong fine amount recorded on citation
The enforcement officer assigns a court date
The enforcement officer cites the incorrect charge
The enforcement officer cites to the Criminal Law Article,

22. Miscellaneous Citation Questions
Q: How do you access the DC-028 forms?
A: Contact the County District Court, the County Sheriff’s Office, or a municipal law enforcement office for information on acquiring the DC-028 forms.
Q: Who can be cited under (b)(1)?
A: “A person who distributes tobacco products for commercial purposes, including a person licensed under Title 16 of the Business Regulation Article,” which includes:
The clerk that sold the tobacco product, and/or
The owner/licensee of the store

23. Miscellaneous Citation Questions
Q: How do you cite the owner/licensee?
A: Every licensed tobacco retailer is required by law to display the license, which contains the resident agent and contact information. The citation can be filled out with this information.
No license displayed? Notify the Comptroller! Failure to properly display the license is a criminal misdemeanor, subject to a $100 fine
How do you issue a citation to the owner/licensee?
In-person, if the owner is in the store; or
Via certified mail to the individual or resident agent (available through the Department of Assessments and Taxation website)

24. Step 5: Reporting Violation Data

25. Reporting Requirements
Mandatory:
Report ALL violations under § to the Comptroller’s Office
Reporting will occur annually, not on a rolling basis
Comptroller, DHMH, and LRC working on reporting guidance materials
Optional:
Refer repeat violators to the Comptroller’s Office for suspension or revocation hearings
If referring repeat offenders, must follow enforcement best practices issued by the Comptroller’s Office, see our webinar “Regulating the Retail Environment: Guidelines for Local Tobacco Compliance Checks”

26. We are Here to Help! Civil Money Penalty Toolkit – Mid-July
Designee letter
Parental consent form
Sample completed citation
Comptroller’s best practices
Chart of existing civil money penalty practices
Violation reporting form
Online Training Module – Mid-August
30 minute video on best practices enforcement
Short quiz testing knowledge
Training certificate upon completion
New Website – Fall 2017
In-person trainings – As needed, Fall 2017

27. Questions???

28. Contact Information
Brooke Torton, JD
Staff Attorney
Phone: (410)
Website:
Smoke-Free Housing Resources: