WILLIAM DONALD SCHAEFER, Governor Ch. 476

(2)  HAS BEEN CONVICTED OF ANY CRIME OF MORAL
TURPITUDE;

(3)   IN CONNECTION WITH ANY MORTGAGE LOAN OR LOAN
APPLICATION TRANSACTION:

(I)  COMMITS ANY FRAUD;

(II)  ENGAGES IN ANY ILLEGAL OR DISHONEST
ACTIVITIES; OR

(III)  MISREPRESENTS OR FAILS TO DISCLOSE ANY
MATERIAL FACTS TO ANYONE ENTITLED TO THAT INFORMATION;

(4)  VIOLATES ANY PROVISION OF THIS SUBTITLE OR ANY
RULE OR REGULATION ADOPTED UNDER IT OR ANY OTHER LAW REGULATING
MORTGAGE LOAN LENDING IN THE STATE; OR

(5)  OTHERWISE DEMONSTRATES UNWORTHINESS, BAD FAITH,
DISHONESTY, OR ANY OTHER QUALITY THAT INDICATES THAT THE BUSINESS
OF THE LICENSEE HAS NOT BEEN OR WILL NOT BE CONDUCTED HONESTLY,
FAIRLY, EQUITABLY, AND EFFICIENTLY.

(B)  (1) THE COMMISSIONER MAY ENFORCE THE PROVISIONS OF THIS
SUBTITLE, REGULATIONS ADOPTED UNDER § 11-503, AND THE APPLICABLE
PROVISIONS OF TITLE 12 OF THE MARYLAND COMMERCIAL LAW ARTICLE BY
ISSUING AN ORDER:

(I)  TO CEASE AND DESIST FROM THE VIOLATION AND
ANY FURTHER SIMILAR VIOLATIONS; AND

(II)  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.

(2) IF A VIOLATOR FAILS TO COMPLY WITH AN ORDER
ISSUED UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE COMMISSIONER
MAY IMPOSE A CIVIL PENALTY OF UP TO $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.

(C)  THE COMMISSIONER MAY FILE A PETITION IN THE CIRCUIT
COURT FOR ANY COUNTY SEEKING ENFORCEMENT OF AN ORDER ISSUED UNDER
THIS SECTION.

(D)  IN DETERMINING THE AMOUNT OF FINANCIAL PENALTY TO BE
IMPOSED UNDER SUBSECTION (B) OF THIS SECTION, THE COMMISSIONER
SHALL CONSIDER THE FOLLOWING:

(1)  THE SERIOUSNESS OF THE VIOLATION;

(2)  THE GOOD FAITH OF THE VIOLATOR;

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