The Commissioner is hereby authorized to:
(a) Impose and collect administrative fines of at least one hundred dollars ($100) but not greater than ten thousand dollars ($10,000) for each violation of the provisions of this chapter or rules and regulations that may be promulgated thereunder;
(b) impose restitution or the reimbursement of payments received in contravention with the provisions of this chapter or any rules and regulations that may be promulgated thereunder, or any other remedy that he/she deems necessary to attain the purposes of this chapter;
(c) impose and collect administrative fines of at least one hundred dollars ($100) but not greater than five thousand dollars ($5,000) for each day that the person engaged in mortgage loan lending, brokerage, or origination fails to meet the requirements established or comply with the orders issued by the Commissioner;
(d) when the nature of the violation of this chapter or the rules, regulations, orders, or resolutions issued by the Commissioner so justify it, the Commissioner may initiate the corresponding judicial action against the offender, in addition to imposing the administrative fines authorized in the preceding subsections. Any natural or juridical person that violates the provisions of this chapter or the rules and regulations that may be promulgated thereunder, or the orders and resolutions issued by the Commissioner pursuant to this chapter, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of up to five thousand dollars ($5,000) or imprisonment for up to six (6) months, or both penalties at the discretion of the court, except for a violation of clauses (2), (5), (7), (8), (9), and (18) of subsection (a) of § 3053f of this title; subsections (c), (f), (h), (i), and (m) of § 3054f of this title; and subsections (c) and (j) of § 3055k of this title, which shall constitute a felony, punished by a fine not greater than ten thousand dollars ($10,000) for each violation or a fixed penalty of ten (10) years of imprisonment, or both penalties at the discretion of the court. The penalty of imprisonment for a felony may be increased to a maximum of twelve (12) years if there are aggravating circumstances; if there are mitigating circumstances, it may be reduced to a minimum of six (6) years. In any case, the court may impose, at its discretion, the penalty of restitution or a fine, in addition to the fixed penalty of imprisonment.
(e) Every transaction in violation of the provisions of this chapter shall constitute a separate violation and, as such, every violation shall be punished individually.
History —Dec. 30, 2010, No. 247, § 6.3, eff. 120 days after Dec. 30, 2010.