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Terms Used In Maryland Code, BUSINESS OCCUPATIONS AND PROFESSIONS 17-613

  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
  • state: means :

    (1) a state, possession, territory, or commonwealth of the United States; or

    (2) the District of Columbia. See
(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.

(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.

(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.

(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.