1993 'LAWS OF MARYLAND

                    (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)     PRIOR TO ASSESSING A CIVIL PENALTY, THE COMMISSIONER 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 SHALL BE NOT LESS THAN 20 DAYS FROM THE DATE OF
MAILING THE NOTICE.

(E)     (1) THE COMMISSIONER OR A DESIGNEE OF THE COMMISSIONER SHALL
CONDUCT A HEARING ON THE CHARGES IN ACCORDANCE WITH SUBTITLE 2 OF THIS
ARTICLE.

(2)      SUBJECT TO SUBTITLE 2 OF THIS ARTICLE, AN APPEAL MAY BE
TAKEN FROM A FINAL ORDER OF THE COMMISSIONER TO THE CIRCUIT COURT FOR
BALTIMORE CITY.

(F) 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 ARTICLE OR
REGULATIONS ADOPTED BY THE COMMISSIONER, SHALL BE REQUIRED TO FORFEIT
THE GAIN.

(G) THIS SECTION MAY NOT BE CONSTRUED TO PREVENT ANY PERSON
DAMAGED BY A DIRECTOR, OFFICER, MANAGER, EMPLOYEE, OR AGENT OF A
NONPROFIT HEALTH SERVICE PLAN CORPORATION SUBJECT TO THIS SUBTITLE
FROM BRINGING A SEPARATE CAUSE OF ACTION IN A COURT OF COMPETENT
JURISDICTION.

[361.

Any person who engages in the business of operating health service plans without
first having procured a license from the Commissioner, as required by this subtitle, or any
person violating any provision of this subtitle, shall be deemed guilty of a misdemeanor
and shall be subject to a fine of not less than one hundred dollars ($100), nor more than
one thousand dollars ($1,000) for each and every such offense. Any person making any
wilfully false statement in any written document required by any section of this subtitle to
be filed with the Commissioner, or while under oath administered by the Commissioner
or any examiner, at any investigation or hearing conducted by said Commissioner or
examiner, shall be' deemed to be guilty of perjury and shall be proceeded against and
punished as provided by the statutes of this State in relation to the crime of perjury.]

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Ch. 507