Current with changes from the 2024 Legislative Session
Section 5-808.1 - Cease and desist orders - Civil penalty(a) After notice and a hearing, the Commissioner may assess a civil penalty against a banking institution that the Commissioner determines has:(1) Violated a cease and desist order issued by the Commissioner under § 5-808 of this subtitle; or(2) Engaged in: (i) An unsafe or unsound banking practice; or(ii) A practice that is injurious to the public interest.(b) The civil penalty may not exceed: (1) $1,000 per violation; and(2) $1,000 per violation for each day that the violation continues.(c)(1) A civil penalty shall be assessed by written notice of assessment served on the person to be assessed.(2) The notice of assessment shall state the:(i) Amount of the civil penalty;(ii) Legal authority for the assessment; and(iii) Matters of fact or law constituting the grounds for the assessment.(3) The notice of assessment shall constitute a final order for purposes of judicial review pursuant to § 10-221 of the State Government Article.(d) In determining the amount of the civil penalty to be assessed, the Commissioner shall consider:(1) The seriousness of the violation;(2) The good faith of the violator;(3) The violator's history of previous violations;(4) The deleterious effect of the violation on the public and the banking industry;(5) The assets of the violator; and(6) Any other factors relevant to the determination of the civil penalty.(e)(1) A civil penalty assessed under this section shall be due and payable within 30 days after the Commissioner issues the notice of assessment.(2) The Commissioner may reduce or set aside a civil penalty.(f) The Commissioner shall pay all civil penalties collected under this section into the General Fund of the State.