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PARRIS N. GLENDENING, Governor
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Ch. 691
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(B) IN DETERMINING WHETHER THE LICENSE OF A LICENSEE SHOULD BE
SUSPENDED OR REVOKED FOR A REASON DESCRIBED IN SUBSECTION (A)(2) OF THIS
SECTION, THE COMMISSIONER SHALL CONSIDER:
(1) THE NATURE OF THE CRIME;
(2) THE RELATIONSHIP OF THE CRIME TO THE ACTIVITIES AUTHORIZED
BY THE LICENSE;
(3) WITH RESPECT TO A FELONY, THE RELEVANCE OF THE CONVICTION
TO THE FITNESS AND QUALIFICATION OF THE LICENSEE TO ENGAGE IN THE
MORTGAGE LENDING BUSINESS;
(4) THE LENGTH OF TIME SINCE THE CONVICTION; AND
(5) THE BEHAVIOR AND ACTIVITIES OF THE LICENSEE SINCE THE
CONVICTION.
[(b)] (C) (1) The Commissioner may enforce the provisions of this subtitle,
regulations adopted under § 11-503 OF THIS SUBTITLE, and the applicable provisions
of Title 12 of the [Maryland] Commercial Law Article by [issuing an order]:
(I) ISSUING AN ORDER:
[(i)] 1. To cease and desist from the violation and any further
similar violations; and
[(ii)] 2. 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; AND
(II) IMPOSING A CIVIL PENALTY NOT EXCEEDING $1,000 FOR EACH
VIOLATION.
(2) If a violator fails to comply with an order issued under [paragraph
(1)] PARAGRAPH (1)(I) of this subsection, the Commissioner may impose a civil penalty
[of up to] NOT EXCEEDING $1,000 for each violation from which the violator failed to
cease and desist or for which the violator failed to take affirmative action to correct.
[(c)] (D) The Commissioner may file a petition in the circuit court for any
county seeking enforcement of an order issued under this section.
[(d)] (E) In determining the amount of financial penalty to be imposed under
subsection [(b)] (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 and mortgage
industry:
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- 3535 -
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