(a) (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 $10,000 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 $25,000 for each violation from which the violator failed to cease and desist or for which the violator failed to take corrective affirmative action.
(b) The Commissioner may file a petition in the circuit court for any county seeking enforcement of an order issued under this section.
(c) 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.
Structure Maryland Statutes
Title 12 - Miscellaneous Institutions and Activities
Subtitle 9 - Maryland Debt Management Services Act
Section 12-902 - Applicability
Section 12-906 - Debt Management Services Without License Prohibited; Requirements
Section 12-907 - License Requirements
Section 12-909 - Fingerprints and Criminal History Records Check
Section 12-910 - Investigation; Time Period; Issuance; Denial
Section 12-911 - Contents of License; Authorization; Transfer; Display; Notice on Website
Section 12-912 - Term, Expiration, and Renewal of License
Section 12-915 - Change of Information Included in the Application
Section 12-916 - Requirements for Providing Debt Management Services
Section 12-917 - Trust Account
Section 12-920 - Prohibited Activities
Section 12-922 - Retention of Books, Accounts, and Records
Section 12-923 - Investigation
Section 12-924 - On-Site Examination
Section 12-925 - License Number to Be Included in Advertisement
Section 12-926 - Denial, Suspension, Revocation of License
Section 12-928 - Enforcement of Subtitle