Section 2-115 - Same - Cease and desist orders; authorized actions for violations; penalties. - Maryland Statutes

§ 2-115. Same - Cease and desist orders; authorized actions for violations; penalties.
 

(a)  Summary cease and desist orders.- When the Commissioner determines that a person has engaged in an act or practice constituting a violation of a law, regulation, rule or order over which the Commissioner has jurisdiction, and that immediate action against the person is in the public interest, the Commissioner may in the Commissioner's discretion issue, without a prior hearing, a summary order directing the person to cease and desist from engaging in the activity, provided that the summary cease and desist order gives the person: 

(1) Notice of the opportunity for a hearing before the Commissioner to determine whether the summary cease and desist order should be vacated, modified, or entered as final; and 

(2) Notice that the summary cease and desist order will be entered as final if the person does not request a hearing within 15 days of receipt of the summary cease and desist order. 

(b)  Other authorized actions for violations.- When the Commissioner determines after notice and a hearing, unless the right to notice and a hearing is waived, that a person has engaged in an act or practice constituting a violation of a law, regulation, rule or order over which the Commissioner has jurisdiction, the Commissioner may in the Commissioner's discretion and in addition to taking any other action authorized by law: 

(1) Issue a final cease and desist order against the person; 

(2) Suspend or revoke the license of the person; 

(3) Issue a penalty order against the person imposing a civil penalty up to the maximum amount of $1,000 for a first violation and a maximum amount of $5,000 for each subsequent violation; or 

(4) Take any combination of the actions specified in this subsection. 

(c)  Financial penalty.- In determining the amount of financial penalty to be imposed under subsection (b) of this section, the Commissioner shall consider the following factors: 

(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 the industry involved; 

(5) The assets of the violator; and 

(6) Any other factors relevant to the determination of the financial penalty. 

(d)  Administrative Procedure Act.- Notice of any hearing under this section shall be given and the hearing shall be held in accordance with the Administrative Procedure Act. 
 

[2000, ch. 633.]