MARVIN MANDEL, Governor

2009

OPPORTUNITY FOP HEARING, AND WRITTEN FINDINGS OF FACT AND
CONCLUSIONS OF LAW, EXCEPT THAT THE COMMISSIONER BY ORDER
SUMMARILY MAY        DENY OR REVOKE ANY OF THE SPECIFIED

EXEMPTIONS PENDING FINAL DETERMINATION OF ANY PROCEEDING
UNDER THIS SUBSECTION.

(B)       NOTIFICATION.

ON THE ENTRY OF A SUMMARY ORDER, THE COMMISSIONER
PROMPTLY SHALL NOTIFY EVERY INTERESTED PARTY:

(1)       THAT IT HAS BEEN ENTERED;

(2)         THE REASONS FOR ITS ENTRY; AND

(3)       THAT WITHIN 15 DAYS OF THE RECEIPT OF A
WRITTEN REQUEST THE MATTER STILL BE SET DOWN FOR HEARING.

(C)       EFFECT OF ORDER.

(1)   IF A    HEARING IS NOT REQUESTED AND ONE
IS NOT ORDERED BY THE    COMMISSIONER, THE ORDER STILL REMAIN
IN EFFECT UNTIL IT IS MODIFIED OR VACATED BY THE
COMMISSIONER.

(2)   IF A HEARING IS REQUESTED OR ORDERED, THE
COMMISSIONER, AFTER NOTICE OF AND OPPORTUNITY FOR HEARING
TO EVERY INTERESTED PERSON, MAY MODIFY OR VACATE THE
ORDER OR EXTEND IT UNTIL FINAL DETERMINATION.

(3)     AN ORDER UNDER THIS SECTION MAY NOT
OPERATE RETROACTIVELY.

(4) A PERSON MAY NOT BE CONSIDERED TO HAVE
VIOLATED §§ 11-205 OR 11-501 OF THIS TITLE BY REASON OF
ANY OFFER OR SALE EFFECTED AFTER THE ENTRY OF AN ORDER
UNDER THIS SECTION IF HE SUSTAINS THE BURDEN OF PROOF
THAT HE DID NOT KNOW, AND IN THE EXERCISE OF REASONABLE
CARE COULD NOT HAVE KNOWN, OF THE ORDER.

REVISOR'S NOTE: This section presently appears as

Art. 32A, §26(c).

The only changes are technical changes in
style.

11-604.           BURDEN OF PROOF.

IN ANY PROCEEDING UNDER THIS TITLE, THE BURDEN OF
PROVING AN EXEMPTION OF AN EXCEPTION        FROM A DEFINITION IS

ON THE PERSON CLAIMING IT.

REVISOR'S NOTE: This section presently appears as
Art. 32A, §26(d).