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Ch. 154 2002 LAWS OF MARYLAND
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(2) the good faith of the violator;
(3) the violator's history of previous violations;
(4) the deleterious effect of the violation on the public and the nonprofit
health service industry; and
(5) the assets of the violator.
[(d)](E) (1) Before assessing a civil penalty, the Commissioner shall serve by
certified mail, return receipt requested, on the person to be charged a notice that
contains:
(i) the specifications of the charge; and
(ii) the time and place of a hearing to be held on the charges.
(2) The Commissioner shall hold a hearing on the charges at least 20
days after the date of mailing the notice.
(3) The Commissioner or designee of the Commissioner shall conduct a
hearing on the charges in accordance with Title 2, Subtitle 2 of this article.
(4) Subject to Title 2, Subtitle 2 of this article, an appeal may be taken
from a final order of the Commissioner to the Circuit Court for Baltimore City.
[(e)] (F) In addition to any other penalty or remedy under this section, a person
that is found to have gained financially from a violation of a provision of this article or
a regulation adopted by the Commissioner shall forfeit the gain.
[(f)] (G) This section does not prevent a person damaged by a director, officer,
manager, employee, or agent of a corporation subject to this subtitle from bringing a
separate action in a court of competent jurisdiction.
Article - State Government
6.5-101.
(b) "Acquisition" means:
(1) a sale, lease, transfer, merger, or joint venture that results in the
disposal of the assets of a nonprofit health entity to a for-profit corporation or entity
or to a mutual benefit corporation or entity when a substantial or significant portion
of the assets of the nonprofit health entity are involved or will be involved in the
agreement or transaction;
(2) a transfer of ownership, control, responsibility, or governance of a
substantial or significant portion of the assets, operations, or business of the
nonprofit health entity to any for-profit corporation or entity or to any mutual
benefit corporation or entity;
(3) a public offering of stock; or
(4) a conversion to a for-profit entity.
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