(a) (1) After notice and opportunity for a hearing, the Commissioner may impose a monetary penalty on a person or self–insurance group that the Commissioner finds to be in violation of this subtitle or a regulation adopted under this subtitle.
(2) A monetary penalty imposed under this subsection may not exceed $1,000 for each violation or $10,000 in the aggregate.
(3) A person or self–insurance group that is assessed a monetary penalty under this subsection shall pay the penalty to the Commissioner for the use of the State.
(b) (1) After written notice and opportunity for a hearing, the Commissioner may issue an order that requires a person or self–insurance group to cease and desist from engaging in an act or practice that the Commissioner finds to be in violation of this subtitle or a regulation adopted under this subtitle.
(2) If the Commissioner finds, after notice and opportunity for a hearing, that a person or self–insurance group has violated an order issued under this subsection, the Commissioner may:
(i) impose a monetary penalty of not more than $10,000 for each violation of the order or $100,000 in the aggregate; and
(ii) suspend or revoke the authority of the self–insurance group to operate.
(c) Notwithstanding any other provision of this subtitle, after notice and opportunity for a hearing, the Commissioner may suspend or revoke the authority of a self–insurance group to operate if the Commissioner determines that the self–insurance group:
(1) is insolvent;
(2) failed to pay the special fund contribution or regulatory fee imposed on the self–insurance group;
(3) failed to comply within the time set with a provision of this subtitle, a regulation adopted under this subtitle, or a lawful order of the Commissioner;
(4) obtained its authority to operate by fraud, including making a material misrepresentation in the application for authority to operate as a self–insurance group;
(5) misappropriated, converted, illegally withheld, or refused to pay on proper demand money that has been entrusted to the self–insurance group or its administrator in its fiduciary capacity and that belongs to a member of the self–insurance group, an employee of a member, or a person entitled to payment; or
(6) for any other reason, must have its authority to operate suspended or revoked to protect the members or insureds of a self–insurance group or the public.
Structure Maryland Statutes
Title 25 - Alternative Market Mechanisms
Subtitle 3 - Group Self-Insurance for Workers' Compensation
Section 25-302 - Self-Insurance Groups Authorized
Section 25-304 - General Requirements
Section 25-305 - Self-Insurers' Guaranty Fund
Section 25-306 - Termination of Self-Insurance Agreement; Mergers