§ 11-409. Penalties

   (a) Civil penalties. --

   (1) If the Commissioner finds that a person has violated a provision of this subtitle, the Commissioner may impose a civil penalty not exceeding $ 250 for each violation.

   (2) If the Commissioner finds a violation of this subtitle to be willful, the Commissioner may impose a civil penalty not exceeding $ 1,000 for each violation.

   (3) A penalty imposed under this subsection is in addition to any other penalty provided by law.

(b) Suspension of certificate of authority. --

   (1) The Commissioner may suspend the certificate of authority of a title insurer that fails to comply with an order of the Commissioner within the time set by the order or any extension of that time granted by the Commissioner.

   (2) The Commissioner may not suspend the certificate of authority of a title insurer for failure to comply with an order:

      (i) until the time set for an appeal from the order has expired; or

      (ii) if an appeal has been taken, until the order has been affirmed.

   (3) The Commissioner may determine when the suspension of a certificate of authority becomes effective.

   (4) The suspension shall remain in effect for the period set by the Commissioner unless the Commissioner modifies or rescinds the suspension or until the order on which the suspension is based is modified, rescinded, or reversed.

(c) Hearing and written order required. --

   (1) Before the Commissioner imposes a penalty or suspends a certificate of authority under this section, the Commissioner shall issue a written order that states the findings of the Commissioner.

   (2) The Commissioner shall hold a hearing before issuing an order under paragraph (1) of this subsection.

   (3) The Commissioner shall give written notice of the hearing to the person at least 10 days before the hearing.

   (4) The notice shall specify the alleged violation.

HISTORY: An. Code 1957, art. 48A, § 242A; 1997, ch. 35, § 2.