Ch. 35

1997 LAWS OF MARYLAND

(5) THE ASSETS OF THE VIOLATOR.

(D) SAME — NOTICE; HEARING; APPEAL.

(1) BEFORE ASSESSING A CIVIL PENALTY, THE COMMISSIONER SHALL
SERVE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, ON THE PERSON TO BE
CHARGED A NOTICE THAT CONTAINS:

(I) THE SPECIFICATIONS OF THE CHARGE; AND

(II) THE TIME AND PLACE OF A HEARING TO BE HELD ON THE

CHARGES.

(2) THE COMMISSIONER SHALL HOLD A HEARING ON THE CHARGES AT
LEAST 20 DAYS AFTER THE DATE OF MAILING THE NOTICE.

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

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

(E) FORFEITURE OF FINANCIAL GAIN.

IN ADDITION TO ANY OTHER PENALTY OR REMEDY UNDER THIS SECTION, A
PERSON THAT IS FOUND TO HAVE GAINED FINANCIALLY FROM A VIOLATION OF A
PROVISION OF THIS ARTICLE OR A REGULATION ADOPTED BY THE COMMISSIONER
SHALL FORFEIT THE GAIN.

(F) CONSTRUCTION OF SECTION.

THIS SECTION DOES NOT PREVENT A PERSON DAMAGED BY A DIRECTOR,
OFFICER, MANAGER, EMPLOYEE, OR AGENT OF A CORPORATION SUBJECT TO THIS
SUBTITLE FROM BRINGING A SEPARATE ACTION IN A COURT OF COMPETENT
JURISDICTION.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 360D.

In subsection (a)(4) of this section, the word "subscriber" is substituted for the
former word "insured" for consistency with terminology used elsewhere in this
subtitle.

In subsection (b)(2) of this section, the former reference to financial
"damage" is deleted as unnecessary in light of the reference to "financial
injury".

Defined terms: "Agent" § 1-101
"Broker" § 1-101

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