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ROBERT L. EHRLICH, JR., Governor
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S.B. 660
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(5) THE BEHAVIOR AND ACTIVITIES OF THE LICENSEE SINCE THE
CONVICTION.
(C) (1) THE COMMISSIONER MAY ENFORCE THE PROVISIONS OF THIS
SUBTITLE, REGULATIONS ADOPTED UNDER THIS SUBTITLE, AND THE APPLICABLE
PROVISIONS OF TITLE 12 OF THE COMMERCIAL LAW ARTICLE BY:
(I) ISSUING AN ORDER:
1. TO CEASE AND DESIST FROM THE VIOLATION AND ANY
FURTHER SIMILAR VIOLATIONS; AND
2. REQUIRING THE VIOLATOR TO TAKE AFFIRMATIVE
ACTION TO CORRECT THE VIOLATION, INCLUDING THE RESTITUTION OF MONEY OR
PROPERTY TO ANY PERSON AGGRIEVED BY THE VIOLATION; AND
(II) IMPOSING A CIVIL PENALTY NOT EXCEEDING $1,000 FOR EACH
VIOLATION.
(2) IF A VIOLATOR FAILS TO COMPLY WITH AN ORDER ISSUED UNDER
PARAGRAPH (1)(I) OF THIS SUBSECTION, THE COMMISSIONER MAY IMPOSE A CIVIL
PENALTY NOT EXCEEDING $1,000 FOR EACH VIOLATION FROM WHICH THE VIOLATOR
FAILED TO CEASE AND DESIST OR FOR WHICH THE VIOLATOR FAILED TO TAKE
AFFIRMATIVE ACTION TO CORRECT.
(D) THE COMMISSIONER MAY FILE A PETITION IN THE CIRCUIT COURT FOR A
COUNTY SEEKING ENFORCEMENT OF AN ORDER ISSUED UNDER THIS SECTION.
(E) IN DETERMINING THE AMOUNT OF A CIVIL PENALTY IMPOSED UNDER
SUBSECTION (C) OF THIS SECTION, THE COMMISSIONER SHALL CONSIDER:
(1) THE SERIOUSNESS OF THE VIOLATION;
(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
MORTGAGE INDUSTRY;
(5) THE ASSETS OF THE VIOLATOR; AND
(6) ANY OTHER FACTORS RELEVANT TO THE DETERMINATION OF THE
CIVIL PENALTY.
11-616.
(A) BEFORE THE COMMISSIONER TAKES ANY ACTION UNDER § 11-614 OR §
11-615 OF THIS SUBTITLE, THE COMMISSIONER SHALL GIVE THE LICENSEE AN
OPPORTUNITY FOR A HEARING.
(B) NOTICE OF THE HEARING SHALL BE GIVEN AND THE HEARING SHALL BE
HELD IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT.
(C) THE HEARING NOTICE TO THE LICENSEE SHALL BE SENT BY CERTIFIED
- 3763 -
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