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Ch. 633
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2000 LAWS OF MARYLAND
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(3) ISSUE A PENALTY ORDER AGAINST THE PERSON IMPOSING A CIVIL
PENALTY UP TO THE MAXIMUM AMOUNT OF $1,000 FOR A FIRST VIOLATION AND A
MAXIMUM AMOUNT OF $5,000 FOR A EACH SUBSEQUENT VIOLATION; OR
(4) TAKE ANY COMBINATION OF THE ACTIONS SPECIFIED IN THIS
SUBSECTION.
(C) IN DETERMINING THE AMOUNT OF FINANCIAL PENALTY TO BE IMPOSED
UNDER SUBSECTION (B) OF THIS SECTION, THE COMMISSIONER SHALL CONSIDER
THE FOLLOWING FACTORS:
(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 AND
THE INDUSTRY INVOLVED;
(5) THE ASSETS OF THE VIOLATOR; AND
(6) ANY OTHER FACTORS RELEVANT TO THE DETERMINATION OF THE
FINANCIAL PENALTY.
(D) NOTICE OF ANY HEARING UNDER THIS SECTION SHALL BE GIVEN AND
THE HEARING SHALL BE HELD IN ACCORDANCE WITH THE ADMINISTRATIVE
PROCEDURE ACT.
2-116.
(A) WHEN IT APPEARS TO THE COMMISSIONER THAT A PERSON IS ABOUT TO
ENGAGE IN AN ACT OR PRACTICE CONSTITUTING A VIOLATION OF A LAW,
REGULATION, RULE, OR ORDER OVER WHICH THE COMMISSIONER HAS
JURISDICTION, THE COMMISSIONER MAY BRING AN ACTION IN THE CIRCUIT COURT
OF THE COUNTY IN WHICH THE PERSON RESIDES OR TRANSACTS BUSINESS TO
OBTAIN ONE OR MORE OF THE FOLLOWING REMEDIES:
(1) A TEMPORARY RESTRAINING ORDER; OR
(2) A TEMPORARY OR PERMANENT INJUNCTION.
(B) WHEN IT APPEARS TO THE COMMISSIONER THAT A PERSON HAS ENGAGED
IN AN ACT OR PRACTICE CONSTITUTING A VIOLATION OF A LAW, REGULATION, RULE,
OR ORDER OVER WHICH THE COMMISSIONER HAS JURISDICTION, THE
COMMISSIONER MAY BRING AN ACTION IN THE CIRCUIT COURT OF THE COUNTY IN
WHICH THE PERSON RESIDES OR TRANSACTS BUSINESS TO OBTAIN ONE OR MORE OF
THE FOLLOWING REMEDIES:
(1) A TEMPORARY RESTRAINING ORDER;
(2) A TEMPORARY OR PERMANENT INJUNCTION;
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- 3292 -
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