WILLIAM DONALD SCHAEFER, Governor Ch. 563

SUBCOMMITTEE COMMENT: This section is new language derived
without substantive change from the first clause of
the first sentence of former Art. 56, § 224(a).

In subsection (b)(1)(ii) and (iii) of this section,
new language is added to state expressly provisions
that only were implied in the former law.

In subsection (b)(2) of this section, the requirement
that a claim be "made under oath" is substituted for
the former requirement that a complaint be "verified";
see § 1-102 of this article.

Also in subsection (b)(2) of this section, standard
language is added to clarify that if a member of the
Commission makes a complaint to the Commission, the
complaint need not be made under oath.

In subsection (d) of this section, new language is
added to state expressly the steps that the Commission
is required to take following the conclusion of an
investigation to determine whether to act on or
dismiss a complaint.

Defined terms: "Commission" § 4-101
"Person" § 1-101

4-324. PENALTY INSTEAD OF SUSPENSION OR REVOCATION OR IN
ADDITION TO SUSPENSION OR REVOCATION.

(A)  IMPOSITION OF PENALTY.

IF AFTER A HEARING UNDER § 4-325 OF THIS SUBTITLE THE
COMMISSION FINDS THAT THERE ARE GROUNDS UNDER § 4-322 OF THIS
SUBTITLE TO SUSPEND OR REVOKE A LICENSE, THE COMMISSION MAY
IMPOSE A PENALTY NOT EXCEEDING $2,000 FOR EACH VIOLATION:

(1)  INSTEAD OF SUSPENDING OR REVOKING THE LICENSE; OR

(2)  IN ADDITION TO SUSPENDING OR REVOKING THE
LICENSE.

(B)  FACTORS FOR CONSIDERATION.

TO DETERMINE THE AMOUNT OF THE PENALTY IMPOSED UNDER
SUBSECTION (A) OF THIS SECTION, THE COMMISSION SHALL CONSIDER:

(1)  THE SERIOUSNESS OF THE VIOLATION;

(2)  THE HARM CAUSED BY THE VIOLATION;

(3)  THE GOOD FAITH OF THE LICENSEE; AND

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