Maryland Statutes
Subtitle 9 - Maryland Debt Management Services Act
Section 12-928 - Enforcement of Subtitle

(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

Maryland Statutes

Financial Institutions

Title 12 - Miscellaneous Institutions and Activities

Subtitle 9 - Maryland Debt Management Services Act

Section 12-901 - Definitions

Section 12-902 - Applicability

Section 12-904 - Fees

Section 12-905 - Credit of Revenue From Licensing and Payment of Fines and Penalties Into Various Funds

Section 12-906 - Debt Management Services Without License Prohibited; Requirements

Section 12-907 - License Requirements

Section 12-908 - Application

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 12-913 - Surrender

Section 12-914 - Surety Bond

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 12-918 - Fees

Section 12-919 - Accounting

Section 12-920 - Prohibited Activities

Section 12-921 - Reports

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 12-927 - Hearing

Section 12-928 - Enforcement of Subtitle

Section 12-929 - Penalty for Violation of Subtitle

Section 12-930 - Civil Action

Section 12-931 - Title