ROBERT L. EHRLICH, JR., Governor                             Ch. 375

$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.

(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

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