1154

LAWS OF MARYLAND

Ch. 282

PRIOR TO ASSESSING A CIVIL PENALTY, THE DIVISION DIRECTOR
SHALL SERVE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, ON THE
PERSON TO BE CHARGED, A NOTICE CONTAINING:

(1)  THE SPECIFICATIONS OF THE CHARGE; AND

(2)  THE TIME AND PLACE FOR A HEARING TO BE HELD WITH
RESPECT TO THE CHARGES, WHICH MAY BE NOT LESS THAN 20 DAYS FROM
THE DATE OF MAILING THE NOTICE.

(C)  HEARING.

THE DIVISION DIRECTOR SHALL CONDUCT A HEARING ON THE CHARGES
IN ACCORDANCE WITH THE TERMS OF § 8-402 OF THIS ARTICLE AND RULES
ADOPTED BY THE DIVISION DIRECTOR.

(D)  FINAL ORDER.

FOLLOWING THE HEARING, OR IF THE PERSON CHARGED DOES NOT
APPEAR, FOLLOWING THE DATE OF THE HEARING, THE DIVISION DIRECTOR
SHALL ISSUE A FINAL ORDER PURSUANT TO § 8-402 OF THIS ARTICLE.

(E)  APPEAL.

AN APPEAL MAY BE TAKEN FROM A FINAL ORDER OF THE DIVISION
DIRECTOR TO THE CIRCUIT COURT FOR BALTIMORE CITY APPROPRIATE

CIRCUIT COURT CIRCUIT COURT FOR BALTIMORE CITY.

(F)  FORFEITURE OF GAIN.

IN ADDITION TO ANY OF THE OTHER PENALTIES AND REMEDIES SET
FORTH IN THIS SECTION, ANY PERSON WHO IS FOUND TO HAVE
FINANCIALLY GAINED FROM THE VIOLATION OF ANY PROVISION OF THIS
TITLE OR TITLE 8, OR REGULATIONS ADOPTED BY THE DIVISION
DIRECTOR, SHALL BE REQUIRED TO FORFEIT THE GAIN.

(G)  LITIGATION.

THIS SECTION MAY NOT BE CONSTRUED TO PREVENT ANY PERSON
DAMAGED BY A DIRECTOR, OFFICER, CONTROLLING PERSON, OR EMPLOYEE
OF AN ASSOCIATION FROM BRINGING A SEPARATE CAUSE OF ACTION IN A
COURT OF COMPETENT JURISDICTION.

9-913. CRIMINAL PENALTIES.

(A)  EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION AND IN
THIS TITLE, ANY VIOLATION OF ANY PROVISION OF THIS TITLE OR ANY
REGULATION ADOPTED IN ACCORDANCE WITH THIS TITLE BY A DIRECTOR,
OFFICER, CONTROLLING PERSON, OR EMPLOYEE OF AN ASSOCIATION IS
PUNISHABLE BY A FINE NOT TO EXCEED $10,000 OR IMPRISONMENT IN THE
PENITENTIARY FOR NOT MORE THAN 18 MONTHS, OR BOTH.

(B)  (1) IN ADDITION TO ANY OF THE REMEDIES PROVIDED BY THIS
TITLE OR TITLE 8 OF THIS ARTICLE, THE WILLFUL OMISSION, MAKING,
OR CONCURRENCE IN MAKING OR PUBLISHING A WRITTEN REPORT, EXHIBIT,