Section 12-928 - Enforcement of subtitle. - Maryland Statutes

§ 12-928. Enforcement of subtitle.
 

(a)  In general.-  

(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. 

(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. 

(b)  Petition in court.- The Commissioner may file a petition in the circuit court for any county seeking enforcement of an order issued under this section. 

(c)  Financial penalty, factors.- 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. 
 

[2003, chs. 374, 375.]