(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.
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