Maryland § 25-308

§ 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 money that has been entrusted to the self–insurance group or its administrator in its fiduciary capacity and that belongs 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.