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Debt Laws | Federal
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State Laws
Maryland Collection Agency Licensing Board
Business Regulations Article
Title 7. Collection Agencies
Subtitle 2. State Collection Agency Licensing Board
There is a State Collection Agency Licensing Board in the Office of the Commissioner of Financial Regulation in the Department.
(a) (1) The Board consists of the following 5 members:
(i) as an ex officio member, the Commissioner; and
(ii) 4 members appointed by the Governor with the advice and consent of the Senate.
(2) Of the 4 appointed members:
(i) 2 shall represent collection agencies; and
(ii) 2 shall be consumer members.
(b) (1) Each consumer member of the Board:
(i) shall be a member of the general public; and
(ii) shall be:
1. an officer or member of the board of a recognized consumer group in the State; or
2. an employee of a local consumer protection unit in the State.
(2) A consumer member of the Board may not:
(i) be a licensee or otherwise be subject to regulation by the Board; or
(ii) within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Board.
(c) While a member of the Board, a consumer member may not have a financial interest in or receive compensation from a person regulated by the Board.
(d) Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.
(e) (1) The term of an appointed member is 4 years and begins on July 1.
(2) At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies.
(3) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(f) The Governor may remove an appointed member for incompetence or misconduct.
The Commissioner is chairman of the Board.
(a) The Board shall set the times and places of its meetings.
(b) Each member of the Board is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(c) The Board may employ a staff in accordance with the State budget.
(a) To carry out this title, the Board may, subject to § 7-103(b) of this title:
(1) receive a written complaint and hold a hearing on an alleged violation by a collection agency of the Maryland Consumer Debt Collection Act or this title;
(2) mediate a dispute between a consumer and a collection agency and suggest monetary compensation of the consumer in an amount agreeable to the consumer and collection agency or other appropriate resolution or both; and
(3) issue orders:
(i) to cease and desist from the violation and any further similar violations; or
(ii) requiring the violator to take affirmative action to correct the violation.
(b) If a violator fails to comply with a lawful order issued by the Board, the Board may impose a penalty of up to $500 for each violation cited in the order, not to exceed $5,000, from which the violator failed to cease and desist or for which the violator failed to take affirmative action to correct, as ordered by the Board.
(c) In determining the amount of any penalty to be imposed under subsection (b) of this section, the Board shall consider:
(1) the seriousness of the violation;
(2) the good faith of the violator;
(3) the violator's history of previous violations;
(4) the deleterious effect of the violation on the public and the collection industry; and
(5) any other factors relevant to the determination of the financial penalty.
The Board shall pay all money collected under this title into the general fund of the State.
MD Maryland Official State Statutes
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