A Maryland licensee with no prior record argues in 2026 that its clean history should reduce the penalty. May the Commissioner consider the licensee prior violation history when setting the penalty?
Correct Answer
B) A relevant factor: history sits among the six factors the statute lists
In determining the amount of the penalty the Commissioner must consider the seriousness of the violation, the good faith of the violator, the violator history of previous violations, the deleterious effect of the violation on the public and the mortgage industry, the assets of the violator, and any other relevant factors. Other choices: seriousness is one of six; self-reporting goes to good faith rather than gating history; and time licensed is not a listed factor. Source: Md. Fin. Inst. § 11-517(e)(3)
Why This Is the Correct Answer
In determining the amount of the penalty the Commissioner must consider the seriousness of the violation, the good faith of the violator, the violator history of previous violations, the deleterious effect of the violation on the public and the mortgage industry, the assets of the violator, and any other relevant factors. Other choices: seriousness is one of six; self-reporting goes to good faith rather than gating history; and time licensed is not a listed factor. Source: Md. Fin. Inst. § 11-517(e)(3)
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