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§ 17-613. Fines and penalties

West's Annotated Code of MarylandBusiness Occupations and ProfessionsEffective: March 27, 2019

West's Annotated Code of Maryland
Business Occupations and Professions
Title 17. Real Estate Brokers (Refs & Annos)
Subtitle 6. Prohibited Acts; Penalties (Refs & Annos)
Effective: March 27, 2019
MD Code, Business Occupations & Professions, § 17-613
§ 17-613. Fines and penalties
Violations by individuals
(a) Subject to the provisions of subsection (d) of this section, a person who violates any provision of the following sections of this title is guilty of a misdemeanor and on conviction for a first offense is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both:
(1) § 17-502;
(2) § 17-525;
(3) § 17-526;
(4) § 17-527;
(5) § 17-530;
(6) § 17-532;
(7) § 17-601;
(8) § 17-602;
(9) § 17-603;
(10) § 17-604;
(11) § 17-605;
(12) § 17-606;
(13) § 17-607;
(14) § 17-608;
(15) § 17-609;
(16) § 17-610; or
(17) § 17-611.
Violations by corporations, partnerships, or other associations
(b) A corporation, partnership, or other association that violates § 17-612 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine:
(1) not exceeding $5,000 for a first violation;
(2) not exceeding $15,000 for a second violation; and
(3) not exceeding $25,000 for a third or subsequent violation.
Determination of penalty
(c)(1) The Commission may impose on a person who violates any provision of this title a penalty not exceeding:
(i) $5,000 for a first violation;
(ii) $15,000 for a second violation; and
(iii) $25,000 for a third or subsequent violation.
(2) In setting the amount of the penalty, the Board shall consider:
(i) the seriousness of the violation;
(ii) the harm caused by the violation;
(iii) the good faith of the violator;
(iv) any history of previous violations by the violator; and
(v) any other relevant factors.
(3) The Board shall pay any penalty collected under this subsection into the General Fund of the State.
Multiple violations
(d)(1) Any person found guilty of a second violation of any provision of the sections listed in subsection (a) of this section is subject to a fine not exceeding $15,000 or 2 years imprisonment or both.
(2) Any person found guilty of a third or subsequent violation of any provision of the sections listed in subsection (a) of this section is subject to a fine not exceeding $25,000 or 3 years imprisonment or both.

Credits

Added by Acts 1989, c. 3, § 1, eff. Oct. 1, 1989. Renumbered from Business Occupations and Professions § 16-613 by Acts 1994, c. 3, § 13, eff. Feb. 28, 1994. Amended by Acts 2001, c. 187, § 1, eff. Oct. 1, 2001; Acts 2008, c. 282, § 1, eff. Oct. 1, 2008; Acts 2019, c. 8, § 1, eff. March 27, 2019.
Formerly Art. 56A, § 4-613.
MD Code, Business Occupations & Professions, § 17-613, MD BUS OCCUP & PROF § 17-613
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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