PARRIS N. GLENDENING, Governor

Ch. 35

(1) IF THE COMMISSIONER FINDS THAT A PERSON HAS VIOLATED A
PROVISION OF THIS SUBTITLE, THE COMMISSIONER MAY IMPOSE A CIVIL PENALTY
NOT EXCEEDING $250 FOR EACH VIOLATION.

(2) IF THE COMMISSIONER FINDS A VIOLATION OF THIS SUBTITLE TO BE
WILLFUL, THE COMMISSIONER MAY IMPOSE A CIVIL PENALTY NOT EXCEEDING
$1.000 FOR EACH VIOLATION.

(3) A PENALTY IMPOSED UNDER THIS SUBSECTION IS IN ADDITION TO
ANY OTHER PENALTY PROVIDED BY LAW.

(B) SUSPENSION OF CERTIFICATE OF AUTHORITY.

(1) THE COMMISSIONER MAY SUSPEND THE CERTIFICATE OF
AUTHORITY OF A TITLE INSURER THAT FAILS TO COMPLY WITH AN ORDER OF THE
COMMISSIONER WITHIN THE TIME SET BY THE ORDER OR ANY EXTENSION OF THAT
TIME GRANTED BY THE COMMISSIONER.

(2) THE COMMISSIONER MAY NOT SUSPEND THE CERTIFICATE OF
AUTHORITY OF A TITLE INSURER FOR FAILURE TO COMPLY WITH AN ORDER:

(I) UNTIL THE TIME SET FOR AN APPEAL FROM THE ORDER HAS

EXPIRED; OR

(II) IF AN APPEAL HAS BEEN TAKEN, UNTIL THE ORDER HAS BEEN

AFFIRMED.

(3) THE COMMISSIONER MAY DETERMINE WHEN THE SUSPENSION OF A
CERTIFICATE OF AUTHORITY BECOMES EFFECTIVE.

(4) THE SUSPENSION SHALL REMAIN IN EFFECT FOR THE PERIOD SET
BY THE COMMISSIONER UNLESS THE COMMISSIONER MODIFIES OR RESCINDS THE
SUSPENSION OR UNTIL THE ORDER ON WHICH THE SUSPENSION IS BASED IS
MODIFIED, RESCINDED, OR REVERSED.

(C) HEARING AND WRITTEN ORDER REQUIRED.

(1) BEFORE THE COMMISSIONER IMPOSES A PENALTY OR SUSPENDS A
CERTIFICATE OF AUTHORITY UNDER THIS SECTION, THE COMMISSIONER SHALL
ISSUE A WRITTEN ORDER THAT STATES THE FINDINGS OF THE COMMISSIONER.

(2) THE COMMISSIONER SHALL HOLD A HEARING BEFORE ISSUING AN
ORDER UNDER PARAGRAPH (1) OF THIS SUBSECTION.

(3) THE COMMISSIONER SHALL GIVE WRITTEN NOTICE OF THE
HEARING TO THE PERSON AT LEAST 10 DAYS BEFORE THE HEARING.

(4) THE NOTICE SHALL SPECIFY THE ALLEGED VIOLATION.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 242A(e).

Throughout this section, references to a "certificate of authority" are
substituted for the former references to the "license" of an insurer because

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