2013 Maryland Code
INSURANCE
§ 25-308 - Penalties for violations


MD Ins Code § 25-308 (2013) What's This?

§25-308.

(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 moneys that have been entrusted to the self-insurance group or its administrator in its fiduciary capacity and that belong 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.

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