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Ch. 540
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2002 LAWS OF MARYLAND
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(D) THE COMMISSIONER MAY FILE A PETITION IN THE CIRCUIT COURT FOR A
COUNTY SEEKING ENFORCEMENT OF AN ORDER ISSUED UNDER THIS SECTION.
(E) IN DETERMINING THE AMOUNT OF FINANCIAL PENALTY TO BE IMPOSED
UNDER SUBSECTION (C) OF THIS SECTION, 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
HOLDERS OF CREDIT UNION SHARE OR DEPOSIT ACCOUNTS;
(5) THE ASSETS OF THE VIOLATOR; AND
(6) ANY OTHER FACTORS RELEVANT TO THE DETERMINATION OF THE
FINANCIAL PENALTY.
(F) (1) BEFORE THE COMMISSIONER TAKES ANY ACTION UNDER
SUBSECTION (A) OR (C) OF THIS SECTION, THE COMMISSIONER SHALL GIVE THE
CREDIT UNION SHARE GUARANTY CORPORATION AN OPPORTUNITY FOR A HEARING.
(2) A HEARING UNDER THIS SUBTITLE SHALL BE HELD IN ACCORDANCE
WITH THE ADMINISTRATIVE PROCEDURE ACT.
(3) THE HEARING NOTICE SHALL BE SENT BY CERTIFIED MAIL, RETURN
RECEIPT REQUESTED, TO THE CREDIT UNION SHARE GUARANTY CORPORATION TO
THE PRINCIPAL PLACE OF BUSINESS OF THE CREDIT UNION SHARE GUARANTY
CORPORATION AT LEAST 30 DAYS BEFORE THE HEARING.
7-210.
(A) (1) THE COMMISSIONER:
(I) SHALL EXAMINE THE BUSINESS OF. EACH CREDIT UNION
SHARE GUARANTY CORPORATION AT LEAST ONCE EVERY 24 MONTHS; AND
(II) MAY EXAMINE THE BUSINESS OF EACH CREDIT UNION SHARE
GUARANTY CORPORATION AT ANY TIME THAT THE COMMISSIONER REASONABLY
CONSIDERS NECESSARY.
(2) THE COMMISSIONER MAY ENTER INTO AGREEMENTS WITH
THIRD-PARTIES AND DELEGATE THE AUTHORITY TO CONDUCT AN EXAMINATION
REQUIRED OR PERMITTED UNDER THIS SUBSECTION.
(3) IN LIEU OF PERFORMING AN EXAMINATION OF A CREDIT UNION
SHARE GUARANTY CORPORATION, THE COMMISSIONER MAY ACCEPT AN
EXAMINATION REPORT FROM THE RESPONSIBLE SUPERVISORY OFFICIAL OF THE
CREDIT UNION SHARE GUARANTY CORPORATION'S STATE OF DOMICILE.
(B) (1) A PERSON AGGRIEVED BY THE CONDUCT OF A CREDIT UNION SHARE
GUARANTY CORPORATION UNDER THIS SUBTITLE IN CONNECTION WITH THE
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- 4104 -
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