regulatory requirement in Maryland

2020As to the legislative intent behind the sex offender registration statutes, we noted that, as enacted, the statute at issue contained no express statement of purposes, but “the plain language and overall design . . . clearly indicate[d] that it was not intended as punishment, but rather was intended as a regulatory requirement aimed at protection of the public.” Id. at 712 , 806 A.2d at 248 .

2020As to the legislative intent behind the sex offender registration statutes, we noted that, as enacted, the statute at issue contained no express statement of purposes, but “the plain language and overall design . . . clearly indicate[d] that it was not intended as punishment, but rather was intended as a regulatory requirement aimed at protection of the public.” Id. at 712 , 806 A.2d at 248 .

2019So even though the requirement to register with MSOR starts with a criminal conviction, it is not a criminal sanction-it's " a collateral consequence of a conviction ." In re Nick H. , 224 Md.

2019So even though the requirement to register with MSOR starts with a criminal conviction, it is not a criminal sanction—it’s “a collateral consequence of a conviction.” In re Nick H., 224 Md.

2003INS’s failure to follow its own regulations would not invalidate a deportation proceeding unless (1) “the regulation serves a purpose of benefit to the alien,” and (2) “the violation prejudiced interests of the alien which were protected by the regulation.” United States v. Calderon-Medina, 591 F.2d 529, 531 (9th Cir.1979) (emphasis added).

1995To do so, it need only show that the prior and present violations are for violating the same regulatory standard (e.g., 29 C.F.R. § 1910.303 (b)(1)). 2 After a prima facie case has been established, the burden then shifts to the employer to rebut the prima facie case with “evidence of the [dissimilarity of the] conditions and hazards associated with these violations of the same standard.” Bunge Corp. v. Secretary of Labor, 638 F.2d 831, 837 (5th Cir.1981) (quoting Potlach Corp., supra.).

1995The Potlach decision was modified by the Fifth Circuit in Bunge Corp. v. Secretary of Labor, supra. Although accepting the Potlach definition of “repeatedly,” the Bunge court substantially rejected the remainder of Potlach.

1995Thus, in a case involving a standard other than § 212, the court said that “where only a general standard is involved without suggested or specified means of compliance, the burden is placed upon the Secretary to establish a technological and feasible means of compliance.” Quality Stamping Prods. v. OSHRC, 709 F.2d 1093, 1099 (6th Cir.1983); see also Modern Drop Forge Co. v. Secretary of Labor, 683 F.2d 1105, 1113 (7th Cir.1982).

1995Thus, in a case involving a standard other than § 212, the court said that “where only a general standard is involved without suggested or specified means of compliance, the burden is placed upon the Secretary to establish a technological and feasible means of compliance.” Quality Stamping Prods. v. OSHRC, 709 F.2d 1093, 1099 (6th Cir.1983); see also Modern Drop Forge Co. v. Secretary of Labor, 683 F.2d 1105, 1113 (7th Cir.1982).

1994It does however, apply to regulations that govern *220 commercial or economic activities if violations may result in a penalty, although the “fairness of a regulatory warning is governed by a less stringent standard in the absence of criminal penalties.” Lemberos v. Laurel Racecourse, Inc., 489 F.Supp. 1376, 1388 (D.Md.1980) (quoting Diebold, Inc. v. Marshall, 585 F.2d 1327, 1337 (6th Cir.1978)); Lewitus v. Colwell, 479 F.Supp. 439, 443 (D.Md.1979) (reviewing Regulation 25B).

1994It does however, apply to regulations that govern *220 commercial or economic activities if violations may result in a penalty, although the “fairness of a regulatory warning is governed by a less stringent standard in the absence of criminal penalties.” Lemberos v. Laurel Racecourse, Inc., 489 F.Supp. 1376, 1388 (D.Md.1980) (quoting Diebold, Inc. v. Marshall, 585 F.2d 1327, 1337 (6th Cir.1978)); Lewitus v. Colwell, 479 F.Supp. 439, 443 (D.Md.1979) (reviewing Regulation 25B).

1994It does however, apply to regulations that govern *220 commercial or economic activities if violations may result in a penalty, although the “fairness of a regulatory warning is governed by a less stringent standard in the absence of criminal penalties.” Lemberos v. Laurel Racecourse, Inc., 489 F.Supp. 1376, 1388 (D.Md.1980) (quoting Diebold, Inc. v. Marshall, 585 F.2d 1327, 1337 (6th Cir.1978)); Lewitus v. Colwell, 479 F.Supp. 439, 443 (D.Md.1979) (reviewing Regulation 25B).