§ 2-115. Investigative and enforcement powers -- 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.

HISTORY: 2000, ch. 633; 2011, ch. 127.