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PARRIS N. GLENDENING, Governor
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S.B. 830
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PUBLIC INTEREST, THE COMMISSIONER MAY IN THE COMMISSIONER'S DISCRETION
ISSUE, WITHOUT A PRIOR HEARING, A SUMMARY ORDER DIRECTING THE PERSON TO
CEASE AND DESIST FROM ENGAGING IN THE ACTIVITY, PROVIDED THAT THE
SUMMARY CEASE AND DESIST ORDER GIVES THE PERSON:
(1) NOTICE OF THE OPPORTUNITY FOR A HEARING BEFORE THE
COMMISSIONER TO DETERMINE WHETHER THE SUMMARY CEASE AND DESIST
ORDER SHOULD BE VACATED, MODIFIED, OR ENTERED AS FINAL; AND
(2) NOTICE THAT THE SUMMARY CEASE AND DESIST ORDER WILL BE
ENTERED AS FINAL IF THE PERSON DOES NOT REQUEST A HEARING WITHIN 15 DAYS
OF RECEIPT OF THE SUMMARY CEASE AND DESIST ORDER
(B) WHEN THE COMMISSIONER DETERMINES AFTER NOTICE AND A HEARING
IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT, UNLESS THE RIGHT
TO NOTICE AND A HEARING IS WAIVED, THAT A PERSON HAS ENGAGED IN AN ACT OR
PRACTICE CONSTITUTING A VIOLATION OP A LAW, REGULATION, RULE OR ORDER
OVER WHICH THE COMMISSIONER HAS JURISDICTION, THE COMMISSIONER MAY IN
THE COMMISSIONER'S DISCRETION AND IN ADDITION TO TAKING ANY OTHER
ACTION AUTHORIZED BY LAW:
(1) ISSUE A FINAL CEASE AND DESIST ORDER AGAINST THE PERSON;
(2) SUSPEND OR REVOKE THE LICENSE OF THE PERSON;
(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.
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- 4185 -
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