2013 Maryland Code
INSURANCE
§ 14-709 - Enforcement of subtitle [Subtitle subject to abrogation].


MD Ins Code § 14-709 (2013) What's This?

§14-709. IN EFFECT

// EFFECTIVE UNTIL MAY 31, 2013 PER CHAPTERS 626 AND 627 OF 2008 //

(a) To enforce this subtitle and any regulations adopted under this subtitle, the Commissioner may issue an order that requires the violator to:

(1) cease and desist from the identified violation and further similar violations;

(2) take specific affirmative action to correct the violation; or

(3) make restitution of money, property, or other assets to a person who has suffered financial injury because of the violation.

(b) (1) An order of the Commissioner issued under this section may be served on a violator who is certified under this subtitle in the manner provided in § 2-204 of this article.

(2) An order of the Commissioner issued under this section may be served on a violator who is not certified under this subtitle in the manner provided in § 2-204 or § 4-207 of this article.

(c) A request for a hearing on an order issued under this section does not stay that portion of the order that requires the violator to cease and desist from conduct identified in the order.

(d) The Commissioner may file a petition in the circuit court of any county to enforce an order issued under this section, whether or not a hearing has been requested or, if requested, whether or not a hearing has been held.

(e) If the Commissioner prevails in an action brought by the Commissioner under this section, the Commissioner may recover for the use of the State reasonable attorney’s fees and the costs of the action.

(f) (1) In addition to any other enforcement action taken by the Commissioner under this section, the Commissioner may impose a civil penalty not exceeding $10,000 for each violation of a provision of this subtitle.

(2) Notwithstanding paragraph (1) of this subsection, the Commissioner may impose a civil penalty not exceeding $1,000 per day for each day that a person is in violation of § 14-703(a) of this subtitle.

(g) Except as otherwise provided in this section, this section does not limit any regulatory power of the Commissioner under this article.

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