Md. Code Regs. 31.10.21.08

Current through Register Vol. 51, No. 18, September 6, 2024

Section 31.10.21.08 - Penalties

A. Criminal Penalty. A person who violates a provision of this chapter shall be guilty of a misdemeanor, and on conviction is subject to a penalty not exceeding $1,000. Each day a violation is continued after the first conviction is a separate offense.

B. Administrative Penalty. In addition to, or instead of, the criminal penalty described in §A of this regulation, the Commissioner may impose an administrative penalty not to exceed $5,000 for violation of any regulation of this chapter.

C. When considering whether conditions warrant the imposition of an administrative penalty, the Commissioner shall consider the following factors:

(1) The nature and seriousness of each condition of noncompliance;

(2) The number of conditions of noncompliance;

(3) The extent to which a condition of noncompliance is part of an ongoing pattern;

(4) The efforts made by, and the ability of the private review agent to correct, the condition of noncompliance in a timely manner; and

(5) Other factors as justice may require.

D. The Commissioner may impose an administrative penalty for any one of the factors in §C of this regulation.

Md. Code Regs. 31.10.21.08