§ 25-308. Penalties for violations

MD Ins Code § 25-308 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(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.