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Session Laws, 1972
Volume 708, Page 1511   View pdf image
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Marvin Mandel, Governor                       1511

cases, with the same fees and mileage as provided by law in civil
cases.

(c)    If the Administration determines that any licensee is guilty
of any violation of any of the provisions of this Article, the authority
of the licensee to do business may be revoked or suspended for a
period of time determined by the Administration.

(d)    If any application for a license under this Part is refused,
the applicant, within ten (10) days from the date of notice of refusal
is mailed, may request a hearing. The hearing must be held within
thirty (SO) days of the date of request, and the Administration must
render a decision within twenty (20) days following the hearing.
The Administration may subpoena and take testimony, as provided
in Section 5-707(b), in connection with the hearing.

(e)    If any person fails to comply with a lawful order or sub-
poena issued by the Administration under this Part or to appear
to testify to any matter concerning which he may be lawfully in-
terrogated, upon petition of the Department, 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 the produc-
tion of relevant documents and other evidence. Any person failing,
refusing, or neglecting to comply with the order of the court shall
be punished for contempt of court.

(f)    Any person denied a license or whose license has been can-
celled, refused, suspended, or revoked by the Administration may
file an appeal for a hearing in the matter in the Baltimore City Court
or in the Circuit Court of the County, as the case may be, wherein
the person resides, and the court has jurisdiction to take testimony
and examine into the facts of the case and to determine if the peti-
tioner is entitled to a license or is subject to suspension, refusal,
cancellation, or revocation of license under the provisions of this
Article. In the case of non-residents, the Circuit Court of the county
or the Baltimore City Court, depending upon the place the non-
resident was convicted of any violation of this Article, has juris-
diction. In cases where jurisdiction is not otherwise provided for
in this section, the Circuit Court for Anne Arundel County shall
have jurisdiction. In the event an appeal is prayed, the Adminis-
tration shall stay its order pending determination of the appeal.

5-708.

Notwithstanding the administrative and criminal sanctions im-
posed by this Part, any person suffering pecuniary loss by reason
of a violation of any provision of this Part by any person licensed
under this Part, whether or not such person has been found
guilty of a criminal violation, may recover reasonable damages,
court costs and reasonable attorneys' fees therefor in any court of
competent jurisdiction.

5-709.

In addition to the administrative and criminal sanctions of this
Part, any manufacturer, distributor or factory branch who termi-
nates or fails to renew the franchise of a dealer, in violation of the
provisions of this part, shall pay to the dealer the fair and just
value of the business of the dealer as a going concern, including good


 

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Session Laws, 1972
Volume 708, Page 1511   View pdf image
 Jump to  
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