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Session Laws, 2003
Volume 799, Page 2657   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 374

(B) NOTICE OF THE HEARING SHALL BE GIVEN AND THE HEARING SHALL BE
HELD IN ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT
ARTICLE.

12-928.

(A) THE COMMISSIONER MAY ENFORCE THE PROVISIONS OF THIS SUBTITLE
BY ISSUING AN ORDER REQUIRING THE VIOLATOR TO:

(1) CEASE AND DESIST FROM THE VIOLATION AND ANY FURTHER
SIMILAR VIOLATIONS; AND

(2) TAKE AFFIRMATIVE ACTION TO CORRECT THE VIOLATION,
INCLUDING THE RESTITUTION OF MONEY OR PROPERTY TO ANY PERSON AGGRIEVED
BY THE VIOLATION.

(B) IF A VIOLATOR FAILS TO COMPLY WITH AN ORDER ISSUED UNDER
SUBSECTION (A) OF THIS SECTION, THE COMMISSIONER MAY IMPOSE A CIVIL
PENALTY NOT EXCEEDING $1,000 FOR THE FIRST VIOLATION AND NOT EXCEEDING
$5,000 FOR EACH SUBSEQUENT VIOLATION FROM WHICH THE VIOLATOR FAILED TO
CEASE AND DESIST OR FOR WHICH THE VIOLATOR FAILED TO TAKE AFFIRMATIVE
ACTION.

(A) (1) THE COMMISSIONER MAY ENFORCE THE PROVISIONS OF THIS
SUBTITLE AND REGULATIONS ADOPTED UNDER THIS SUBTITLE BY:

(I) ISSUING AN ORDER REQUIRING THE VIOLATOR:

1. TO CEASE AND DESIST FROM THE VIOLATION AND ANY
FURTHER SIMILAR VIOLATIONS; AND

2. 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) AN ORDER ISSUED UNDER THIS SUBSECTION MAY APPLY TO A
LICENSEE'S AGENT THAT VIOLATES ANY PROVISION OF THIS SUBTITLE OR THE
REGULATIONS ADOPTED UNDER THIS SUBTITLE.

(2) (3) IF A VIOLATOR FAILS TO COMPLY WITH AN ORDER ISSUED
UNDER PARAGRAPH (1)(I) OF THIS SUBSECTION, THE COMMISSIONER MAY IMPOSE A
CIVIL PENALTY NOT EXCEEDING $1,000 FOR EACH VIOLATION FROM WHICH THE
VIOLATOR FAILED TO CEASE AND DESIST OR FOR WHICH THE VIOLATOR FAILED TO
TAKE CORRECTIVE AFFIRMATIVE ACTION.

(C) (B) THE COMMISSIONER MAY FILE A PETITION IN THE CIRCUIT COURT
FOR ANY COUNTY SEEKING ENFORCEMENT OF AN ORDER ISSUED UNDER THIS
SECTION.

- 2657 -

 

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Session Laws, 2003
Volume 799, Page 2657   View pdf image
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