Ch. 374

2003 LAWS OF MARYLAND

(D) (C) IN DETERMINING THE AMOUNT OF FINANCIAL PENALTY TO BE
IMPOSED UNDER SUBSECTION (A) 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;

(5)      THE ASSETS OF THE VIOLATOR; AND

(6)      ANY OTHER FACTORS RELEVANT TO THE DETERMINATION OF THE
FINANCIAL PENALTY.

12-929.

A PERSON WHO KNOWINGLY AND WILLFULLY VIOLATES ANY PROVISION OF
THIS SUBTITLE IS GUILTY OF A FELONY AND ON CONVICTION IS SUBJECT TO A FINE
NOT EXCEEDING $1,000 FOR THE FIRST VIOLATION AND NOT EXCEEDING $5,000 FOR
EACH SUBSEQUENT VIOLATION OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR
BOTH.

12-930.

IN ADDITION TO ANY OTHER REMEDIES PROVIDED IN THIS SUBTITLE, A
CONSUMER MAY BRING A CIVIL ACTION TO RECOVER FOR ANY DAMAGES CAUSED BY
A VIOLATION OF THIS SUBTITLE, INCLUDING COURT COSTS AND REASONABLE
ATTORNEYS FEES.

12-930. 12-931.

THIS SUBTITLE MAY BE CITED AS THE MARYLAND DEBT MANAGEMENT
SERVICES ACT.

SECTION 2. AND BE IT FURTHER ENACTED, That, in the absence of an
order by the Commissioner of Financial Regulation to the contrary, an organization
providing debt management services in the State to Maryland consumers on the
effective date of this Act may continue to provide debt management services in the
State to Maryland consumers without being licensed, as required under Section 1 of
this Act, until the Commissioner approves or disapproves the organization's
application for a license if:

(a)     the organization applies for a license no later than 60 days after the date
the Commissioner makes license applications available; and

(b)     the organization complies with all other provisions of this Act.

SECTION 3. AND BE IT FURTHER ENACTED, That, notwithstanding §
12-912(a) of the Financial Institutions Article, as enacted by Section 1 of this Act, a
license issued on or after October 1, 2003, and on or before December 31, 2003,

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