Ch. 675

1997 LAWS OF MARYLAND

(1)      APPOINT A RECEIVER OR TRUSTEE TO TAKE CHARGE OF THE
ASSETS AND OPERATE THE BUSINESS OF THE PERSON WHOSE IN THE EVENT THAT
THE REGISTRATION OR PERMIT IS SUSPENDED OR REVOKED; AND

(2)      TAKE OTHER ACTIONS AS ARE APPROPRIATE TO PROTECT THE
PUBLIC INTEREST.

(D)     INSTEAD OF OR IN ADDITION TO SUSPENDING OR REVOKING A
REGISTRATION, THE DIRECTOR MAY IMPOSE A CIVIL PENALTY:

(1)      NOT TO EXCEED $5,000 FOR EACH VIOLATION OF THIS TITLE OR AN
ORDER OF THE DIRECTOR UNDER THIS TITLE; AND

(2)      NOT TO EXCEED $500 FOR EACH DAY A VIOLATION CONTINUES PAST
THE TIME SET FOR ITS CORRECTION.

(E)     TO DETERMINE THE AMOUNT OF THE PENALTY IMPOSED UNDER THIS
SUBSECTION, THE DIRECTOR SHALL CONSIDER:

(1)      THE SERIOUSNESS OF THE VIOLATION;

(2)      THE HARM CAUSED BY THE VIOLATION;

(3)      THE GOOD FAITH EFFORTS OF THE REGISTRANT OR PERMIT
HOLDER; AND

(4)      ANY HISTORY OF PREVIOUS VIOLATIONS BY THE REGISTRANT OR
PERMIT HOLDER.

(F)      ANY CIVIL PENALTIES COLLECTED UNDER THIS SECTION SHALL BE PAID
INTO THE GENERAL FUND OF THE STATE.

5-311.

(A)     SUBJECT TO THE PROVISIONS OF THIS SECTION, THE DIRECTOR SHALL
COMMENCE PROCEEDINGS ON A COMPLAINT MADE BY ANY PERSON TO THE
DIRECTOR.

(B)     A COMPLAINT SHALL:

(1)      BE IN WRITING;

(2)      STATE SPECIFICALLY THE FACTS ON WHICH THE COMPLAINT IS
BASED; AND

(3)      BE MADE UNDER OATH BY THE PERSON WHO SUBMITS THE
COMPLAINT.

(C)     (1) THE DIRECTOR SHALL REVIEW EACH COMPLAINT AND SHALL
ATTEMPT TO MEDIATE NEGOTIATE A SETTLEMENT OF THE COMPLAINT BETWEEN
THE COMPLAINANT AND THE REGISTRANT OR PERMIT HOLDER.

(2) NOTWITHSTANDING § 5-102 OF THIS TITLE, THE DIRECTOR MAY
RECEIVE AND ATTEMPT TO NEGOTIATE A SETTLEMENT TO RESOLVE COMPLAINTS

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