Section 12-928 - Enforcement of subtitle.
§ 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.]