PARRIS N. GLENDENING, Governor                             Ch. 326

(c) (1) After giving the officer or director an opportunity to be heard, if the
[Bank] Commissioner finds that the unsafe or unsound practice continued after the
warning, the [Bank] Commissioner with the approval of the Secretary of Labor,
Licensing, and Regulation may remove the officer or director.

(2) A copy of the removal order shall be served on the individual removed
and the banking institution.

5-802.

(a)     If the [ Bank] Commissioner believes that a banking institution or any of its
directors, officers, trustees, managers, agents, or employees has violated any provision of
this article that relates to the institution, the [Bank] Commissioner immediately shall
report the violation to the Secretary of Labor, Licensing, and Regulation, who shall ask
the Attorney General to take the appropriate steps to institute a prosecution for the
violation.

(b)     (1) The [Bank] Commissioner shall send a warning to a director or officer
of a banking institution who the [Bank] Commissioner believes has violated any
provision of this article that relates to the institution.

(2) If, after the warning, the director or officer continues to violate the law,
the director or officer may be removed as provided in § 5-801 of this subtitle.

(c)     Unless another penalty specifically is provided elsewhere in this article, any
banking institution and any director, officer, trustee, manager, agent, or employee of a
banking institution who violates any provision of this article that relates to the institution
is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $3,000 or
imprisonment not exceeding 5 years or both.

5-807.

(b) The [ Bank] Commissioner may further define specific acts or practices that
are anticompetitive, unfair, deceptive, or injurious to the public interest.

5-808.

(a)     The [Bank] Commissioner may order any banking institution to cease and
desist from:

(1)     An unsafe or unsound banking practice;

(2)     A practice that is injurious to the public interest; or

(3)     A violation of a law, rule, or regulation that relates to the [Bank]
Commissioner's supervision of the institution.

(b)     To protect depositors, stockholders, or the public, the [Bank] Commissioner
may include in a cease and desist order a restriction on the withdrawal of money from any
banking institution.

(c)     The [Bank] Commissioner may include in a cease and desist order a
requirement that the officers or directors of a banking institution act affirmatively to
correct any violation or practice.

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