(a)    (1)    Except as provided in paragraph (2) of this subsection, a civil penalty under § 5-809 of this subtitle may not exceed:

(i)    $7,000 for each violation; and

(ii)    if an employer does not correct a violation within the period allowed for correction, $7,000 for each day that the violation continues.

(2)    A civil penalty for a willful or repeated violation of a provision of this title, an order passed under this title, or a regulation adopted to carry out this title may not exceed $70,000 for each violation.

(3)    A civil penalty for a willful violation of a provision of this title, an order passed under this title, or a regulation adopted to carry out this title may not be less than $5,000.

(b)    Before the Commissioner assesses a civil penalty under § 5-809 of this subtitle, the Commissioner shall consider the appropriateness of the penalty in relation to:

(1)    the size of the business of the employer against whom the penalty is to be assessed;

(2)    the gravity of the violation for which the penalty is to be assessed;

(3)    the good faith of the employer;

(4)    the history of violations by the employer;

(5)    the injury and illness experience of the employer;

(6)    the existence and quality of a safety and training program;

(7)    the actual harm to human health including injury or illness;

(8)    the extent to which the current violation is part of a recurrent pattern of the same or similar type of violation; and

(9)    the extent to which the existence of the violation was known to the employer but remained not corrected.