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Session Laws, 1963
Volume 671, Page 1831   View pdf image (33K)
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J. MILLARD TAWES, Governor                     1831

[(n) The home-improvement transactions of the person have been
marked by a practice of failure to perform contracts, or the manipu-
lation of assets or accounts, or by fraud or bad faith.]

(13) Constructing, repairing or remodeling any fallout shelter
with knowledge that the work does not conform to the minimum
applicable standards of protection to persons using the shelter as
promulgated by the State office of civil defense.

(14) Willful failure to comply with any order, demand or require-
ment lawfully made by the Commission under and within the author-
ity of this subtitle.

(b) Violation of any of the prohibitions of this section (1) shall
subject any violator to whom the licensing provisions of this subtitle
apply to the administrative sanctions of Section 259 of this subtitle;
and (2) shall subject any violator, whether or not required to be
licensed by this subtitle, to criminal prosecution as prescribed in
Section 268 of this subtitle.

[(259)] 260.

(a)   The Commission shall suspend or revoke any license or author-
ity to do business only after hearing. At least 10 days prior to the
date set for the hearing, the Commission shall notify the licensee in
writing of any charge made and afford said licensee an opportunity
to be heard in person and by counsel in reference thereto. Such writ-
ten notice shall be served by delivery of the same to the licensee
by registered mail to the business address of such licensee of record
with the Commission. The hearing on such charges shall be at such
time and place as the Commission shall prescribe. The Commission
shall have the power to subpoena and bring before it any person or
documents, and to take the testimony of any person under oath in
the same manner as is prescribed in judicial procedure in courts of
this State in civil cases, with the same fees and mileage as may be
provided by law for civil cases.

(b)    If the Commission shall determine that any licensee is guilty
of any violation of any of the provisions of this subtitle, the authority
of the licensee to do business may be revoked or suspended for such
period of time as shall be determined by the Commission.

(c)   If a license is refused, the applicant may, within 10 days from
the date a notice of refusal is mailed, request a hearing. Said hearing
must be held within 30 days from the date of the request, and the Com-
mission must render its decision within 20 days following the hearing.

(d)    If any person fails to comply with a lawful order or subpoena
of the Commission or to appear and testify to any matter concerning
which he may be lawfully interrogated, upon petition of the Com-
mission setting forth the facts, it shall be the duty of the circuit court
of any county or of the Baltimore City Court, as the case may be,
to compel obedience to the requirements of such subpoena or order
and to compel the production of relevant documents and other evi-
dence. Any person failing, refusing or neglecting to comply with
such order of the court shall be punished as for contempt of court.

[(d)] (e) The Administrative Procedure Act shall apply to all
hearings, judicial review, and appeals, except where specific subject
matter is provided by this subtitle.

 

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Session Laws, 1963
Volume 671, Page 1831   View pdf image (33K)
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