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S.B. 774
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VETOES
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(2) THE COMMISSIONER MAY NOT GRANT AN APPLICATION FILED
UNDER PARAGRAPH (1) OF THIS SUBSECTION UNLESS THE COMMISSIONER FINDS
THAT:
(I) IT IS IN THE PUBLIC INTEREST TO MODIFY OR RESCIND THE
ORDER; AND
(II) IT IS REASONABLE TO BELIEVE THAT THE AUTHORIZED
DELEGATE, IF AND WHEN PERMITTED TO RESUME ACTING AS AN AUTHORIZED
DELEGATE OF A LICENSEE, WILL COMPLY WITH ALL APPLICABLE PROVISIONS OF
THIS SUBTITLE AND ANY REGULATION ADOPTED OR ORDER ISSUED UNDER THIS
SUBTITLE.
[(c) (1)] (E)(1) The Commissioner may enforce the provisions of this subtitle by
issuing an order:
(i) To cease and desist AND TO TAKE AFFIRMATIVE ACTION from
the violation and any further similar violations; and
(ii) Requiring the violator to take affirmative action to correct the
violation including the restitution of money or property to any person aggrieved by
the violation.
(2) If a violator fails to comply with an order issued under paragraph (1)
of this subsection, the Commissioner may impose a civil penalty of up to $1,000 for
[each] THE FIRST violation AND $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.
[(d)] (F) The Commissioner may file a petition in the circuit court for any
county seeking enforcement of an order issued under this section.
[(e)] (G) In determining the amount of financial penalty to be imposed under
subsection [(c)] (E) 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.
12-427.
A PERSON THAT ENGAGES IN THE BUSINESS OF MONEY TRANSMISSION IS
SUBJECT TO THE ENFORCEMENT PROVISIONS OF §§ 2-113 2-114 THROUGH 2-116 OF
THIS ARTICLE IF THE PERSON:
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- 4872 -
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