Section 5-808.1 - Cease and desist orders - Civil penalty.
§ 5-808.1. Cease and desist orders - Civil penalty.
(a) Assessment.- After notice and a hearing, the Commissioner may assess a civil penalty against a banking institution that the Commissioner determines has:
(1) Violated a cease and desist order issued by the Commissioner under § 5-808 of this subtitle; or
(2) Engaged in:
(i) An unsafe or unsound banking practice; or
(ii) A practice that is injurious to the public interest.
(b) Limits.- The civil penalty may not exceed:
(1) $1,000 per violation; and
(2) $1,000 per violation for each day that the violation continues.
(c) Notice.-
(1) A civil penalty shall be assessed by written notice of assessment served on the person to be assessed.
(2) The notice of assessment shall state the:
(i) Amount of the civil penalty;
(ii) Legal authority for the assessment; and
(iii) Matters of fact or law constituting the grounds for the assessment.
(3) The notice of assessment shall constitute a final order for purposes of judicial review pursuant to § 10-221 of the State Government Article.
(d) Considerations.- In determining the amount of the civil penalty to be assessed, 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 the banking industry;
(5) The assets of the violator; and
(6) Any other factors relevant to the determination of the civil penalty.
(e) Payment; reduction.-
(1) A civil penalty assessed under this section shall be due and payable within 30 days after the Commissioner issues the notice of assessment.
(2) The Commissioner may reduce or set aside a civil penalty.
(f) Penalties paid into General Fund.- The Commissioner shall pay all civil penalties collected under this section into the General Fund of the State.
[2009, ch. 741.]