<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".14" citation="COMAR 10.25.05.14" title_num="10" subtitle_num="25" chapter_num="05" heading="Compliance and Enforcement.">
  <paragraph num="A.">
    <text>If a data recipient fails to comply with any of the terms and conditions of a data use agreement, or it becomes known after execution of a data use agreement that a data recipient provided false information during the application process, the Commission, acting through the Executive Director, may take one or more of the following administrative and judicial enforcement actions, depending upon the facts, circumstances, and gravity of the acts of noncompliance:</text>
    <paragraph num="(1)">
      <text>Terminate a data recipient’s current access to data;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Suspend a data recipient’s current access to data for a period of time:</text>
      <paragraph num="(a)">
        <text>Subject to conditions that a data recipient must satisfy before the suspension may be lifted and access to data reinstated; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If required by the Executive Director, until a data recipient enters into a new data use agreement that requires compliance with a corrective action plan addressing the acts of noncompliance;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Require a data recipient to suspend or retract for a designated period of time a product that has been created or published from the data, subject to conditions that a data recipient must satisfy before the suspension or retraction may be lifted;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Demand the secure destruction or return of data and require documentary proof that all data released to a data recipient has been destroyed;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Terminate a data use agreement; or</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Prohibit a data recipient from submitting a new application requesting data for a designated period of time.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The Executive Director may refer an instance of unauthorized access, use, or disclosure of data to the Office of the Attorney General of Maryland, the Maryland State’s Attorney Office, or any other appropriate State or federal law enforcement authority.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The Commission, based upon information provided by the Executive Director, may seek any appropriate administrative and judicial remedy allowed by State or federal law for:</text>
    <paragraph num="(1)">
      <text>Failing to comply with any terms and conditions for accessing and using data; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Any instance of unauthorized or impermissible access, use, and disclosure of data.</text>
    </paragraph>
  </paragraph>
</regulation>