PARRIS N. GLENDENING, Governor

Ch. 23

(1) Shall be given access to the place of business, books, papers, records,
safes, and vaults of the person under investigation; and

(2) May summon and examine under oath any person whose testimony the
Commissioner requires.

12-420.

(a) Subject to the hearing provisions of § 12-421 of this subtitle, the
Commissioner may suspend or revoke the license of any licensee who violates any
provision of this subtitle.

(b) The Commissioner shall begin proceedings to revoke the license of any
licensee who the Commissioner finds ceases to meet the requirements for licensure.

(C) (1) THE COMMISSIONER MAY ENFORCE THE PROVISIONS OF THIS
SUBTITLE 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.

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

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

(1) THE SERIOUSNESS OF THE VIOLATION;

(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;

(5) THE ASSETS OF THE VIOLATOR; AND

(6) ANY OTHER FACTORS RELEVANT TO THE DETERMINATION OF THE FINANCIAL PENALTY.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1997.

Approved April 8, 1997.

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