§ 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.

HISTORY: 2003, chs. 374, 375.