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PARRIS N, GLENDENING, Governor Ch. 614
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(5) THE BEHAVIOR AND ACTIVITIES OF THE LICENSEE SINCE THE
CONVICTION.
12-123.
(A) BEFORE THE COMMISSIONER TAKES ANY ACTION UNDER § 12-121, §
12-122, OR § 12-124 12-126 OF THIS SUBTITLE, THE COMMISSIONER SHALL GIVE THE
LICENSEE AN OPPORTUNITY FOR A HEARING BEFORE THE COMMISSIONER
(B) NOTICE OF THE HEARING SHALL BE GIVEN AND THE HEARING SHALL BE
HELD IN ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT
ARTICLE.
12-124.
THE COMMISSIONER SHALL REPORT TO THE APPROPRIATE STATE'S ATTORNEY
OR THE ATTORNEY GENERAL ANY ALLEGED CRIMINAL VIOLATION OF THIS
SUBTITLE.
12-125.
A PERSON WHO KNOWINGLY VIOLATES THIS SUBTITLE IS GUILTY OF A
MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $5,000
OR IMPRISONMENT NOT EXCEEDING 3 YEARS OR BOTH.
12-126.
(A) THE COMMISSIONER MAY IMPOSE A CIVIL PENALTY AGAINST A PERSON
WHO VIOLATES THIS SUBTITLE IN AN AMOUNT NOT EXCEEDING:
(1) $1,000 FOR A FIRST OFFENSE; AND
(2) $5,000 FOR EACH SUBSEQUENT OFFENSE.
(B) IN DETERMINING THE AMOUNT OF CIVIL PENALTY TO BE IMPOSED
UNDER SUBSECTION (A) 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 FACTOR RELEVANT TO THE DETERMINATION OF THE
CIVIL PENALTY.
12-127.
(A) A PERSON WHO IS INJURED BY A VIOLATION OF THIS SUBTITLE MAY FILE
AN ACTION TO RECOVER DAMAGES FROM OR FOR INJUNCTIVE RELIEF.
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- 3237 -
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