ROBERT L. EHRLICH, JR., Governor Ch. 357
[(e)] (F) (1) A person that violates subsection (a) OR (C) of this section is
subject to a civil penalty not exceeding [$5,000] $10,000 for each violation.
(2) Instead of or in addition to imposing a civil penalty, the
Commissioner may require the violator to make restitution to any person that has
suffered financial injury as a result of the violation.
[(d)](G) In determining the amount of financial penalty to be imposed, the
Commissioner shall consider:
(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 nonprofit
health service industry; and
(5) the assets of the violator.
[(e)](H) (1) Before assessing a civil penalty OR RESTITUTION, 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.
[(f)] (I) 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.
[(g)](J) 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.
14-504.
(a) (1) There is a Maryland Health Insurance Plan Fund.
(2) The Fund is a special nonlapsing fund that is not subject to § 7-302 of
the State Finance and Procurement Article.
(3) The Treasurer shall separately hold and the Comptroller shall
account for the Fund.
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