(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.