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§ 25-308. Fines and penalties

West's Annotated Code of MarylandInsurance

West's Annotated Code of Maryland
Insurance (Refs & Annos)
Title 25. Alternative Market Mechanisms
Subtitle 3. Group Self-Insurance for Workers' Compensation (Refs & Annos)
MD Code, Insurance, § 25-308
§ 25-308. Fines and penalties
Currentness
Monetary penalties
(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.
Cease and desist orders
(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.
Suspension or revocation of authority 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.

Credits

Added by Acts 1996, c. 11, § 1, eff. Oct. 1, 1997. Amended by Acts 1997, c. 70, § 7, eff. Oct. 1, 1997.
Formerly Art. 48A, § 609.
MD Code, Insurance, § 25-308, MD INSURANCE § 25-308
Current with legislation effective through October 1, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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