Ch. 761                          MARVIN MANDEL, Governor                               1593

CHAPTER 761
(House Bill 282)

AN ACT to repeal and re-enact, with amendments, Section 22 of Article 83 of the
Annotated Code of Maryland (1969 Replacement Volume), title "Sales and
Notices," subtitle "Consumer Protection," to provide stronger enforcement
powers for the Attorney General in the consumer protection law, including the
power to subpoena witnesses, administer oaths, examine individuals under oath,
and compel production of records, books, papers, contracts, and other
documents, and to provide an exception, and to generally revise and clarify the
language.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 22 of Article 83 of the Annotated Code of Maryland
(1969 Replacement Volume), title "Sales and Notices," subtitle "Consumer
Protection," is hereby repealed and re-enacted, with amendments, to read as
follows:

22.

(a) If a person has engaged in or is engaging in any practice declared [to be]
unlawful by this subtitle, the Attorney General may [seek and] obtain [in an
action in a circuit court] an injunction [prohibiting such] TO PROHIBIT THE
person from continuing [such practices or engaging therein] THE PRACTICE or
[doing] any acts in furtherance OF THE PRACTICE, [thereof after appropriate
notice to such person.] [Such notice shall state generally the relief sought and be
served at least seven days prior to the institution of such action.] NOTICE OF
THE GENERAL RELIEF SOUGHT SHALL BE SERVED AT LEAST
SEVEN DAYS PRIOR TO THE INSTITUTION OF THE ACTION FOR AN
INJUNCTION. The court may [make such orders or judgments as may be]
PASS ANY ORDER OR JUDGEMENT necessary to: (1) prevent the use or
employment by a person of any prohibited [practices,] PRACTICE; (2) [or which
may be necessary to] restore to [any] A person in interest any moneys or
property, real or personal [which may have been] acquired by means of any
practice [in this subtitle] declared [to be] unlawful IN THIS SUBTITLE; OR
(3) [including the appointment of] APPOINT a receiver in cases of willful
violation [of the provisions] of this subtitle.

(B) IN THE COURSE OF ANY EXAMINATION, INVESTIGATION, OR
HEARING CONDUCTED BY HIM, THE ATTORNEY GENERAL, OR AN
AUTHORIZED ASSISTANT ATTORNEY GENERAL MAY SUBPOENA
WITNESSES, ADMINISTER OATHS OR AFFIRMATIONS, EXAMINE AN
INDIVIDUAL UNDER OATH, AND COMPEL PRODUCTION OF
RECORDS, BOOKS, PAPERS, CONTRACTS, AND OTHER DOCUMENTS.
INFORMATION OBTAINED UNDER THIS SECTION SHALL NOT BE
ADMISSIBLE IN A LATER CRIMINAL PROCEEDING AGAINST THE
PERSON PROVIDING THE EVIDENCE.

[(b) In addition to the actions enumerated in subsection (a) of this section, any
person violating the provisions of] (C) IN ADDITION TO ANY CIVIL
PENALTIES A VIOLATION OF this subtitle [shall be guilty of] IS a
misdemeanor [and upon conviction shall be subject to] PUNISHABLE BY a fine
of not more than one thousand ($1,000) dollars or imprisonment of not more than
one year or both, at the discretion of the court.