ROBERT L. EHRLICH, JR., Governor                             Ch. 357

(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.

(4)     The Fund shall be invested and reinvested at the direction of the
Board in a manner that is consistent with the requirements of Title 5, Subtitle 6 of this
article.

(5). Any investment earnings shall be retained to the credit of the Fund.

(6)     On an annual basis, the Fund shall be subject to an independent
actuarial review setting forth an opinion relating to reserves and related actuarial
items held in support of policies and contracts.

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