2013 Maryland Code
LABOR AND EMPLOYMENT
§ 9-310 - Determination of amount of penalty or fine

§9-310.

In determining the amount of a financial penalty or fine to be imposed under this title, the Commission, in a fair and equitable manner, shall consider:

(1) the seriousness and effect of the violation;

(2) the good faith of the violator;

(3) the violator’s history of previous violations; and

(4) the ability of the violator to pay.

§ 9-310 - 1. Benefits wrongfully obtained; reimbursement; interest [Subject to amendment effective October 1, 2013; amended version follows this section]

(a) Reimbursement. -- In any administrative action before the Commission, if it is established by a preponderance of the evidence that a person has knowingly obtained benefits under this title to which the person is not entitled, the Commission shall order the person to reimburse the insurer, self-insured employer, the Injured Workers' Insurance Fund, the Uninsured Employers' Fund, or the Subsequent Injury Fund for the amount of all benefits that the person knowingly obtained and to which the person is not entitled.

(b) Interest. -- An order of reimbursement required under subsection (a) of this section shall include interest on the amount ordered to be reimbursed at a rate of 1.5% per month from the date the Commission notifies the person of the amount to be reimbursed.

§ 9-310 - 1. Benefits wrongfully obtained; reimbursement; interest (Amendment effective October 1, 2013.)

(a) Reimbursement. -- In any administrative action before the Commission, if it is established by a preponderance of the evidence that a person has knowingly obtained benefits under this title to which the person is not entitled, the Commission shall order the person to reimburse the insurer, self-insured employer, the Uninsured Employers' Fund, or the Subsequent Injury Fund for the amount of all benefits that the person knowingly obtained and to which the person is not entitled.

(b) Interest. -- An order of reimbursement required under subsection (a) of this section shall include interest on the amount ordered to be reimbursed at a rate of 1.5% per month from the date the Commission notifies the person of the amount to be reimbursed.

§ 9-310 - 2. Referral of certain fraud cases to Insurance Fraud Division; reports

(a) Referral of certain fraud cases to Insurance Fraud Division. -- In any administrative action before the Commission, if it is established by a preponderance of the evidence that a person knowingly affected or knowingly attempted to affect the payment of compensation, fees, or expenses under this title by means of a fraudulent representation, the Commission shall refer the case on the person to the Insurance Fraud Division in the Maryland Insurance Administration.

(b) Reports. -- In its annual report under § 9-312 of this subtitle, the Commission shall report the number of cases referred to the Insurance Fraud Division in the Maryland Insurance Administration under this section.