MARVIN MANDEL, Governor

365

ANY PERSON WHO VIOLATES ANY PROVISION OF THIS
SUBTITLE IS SUBJECT TO A PENALTY NOT EXCEEDING $500 FOR
EACH VIOLATION, WHICH PENALTY THE ATTORNEY GENERAL MAY
RECOVER FOR THE STATE IN A CIVIL ACTION.

REVISOR'S NOTE: This subsection presently appears as
the first sentence of Art. 27, §195A(c).

The balance of that section is now contained
in §11-706.

Reference to "firm, corporation ••• or
employee" is deleted as unnecessary, in light
of the broad definition of "person" contained
in §11-701.

The only other changes are in style.

(B) NOTICE AND OPPORTUNITY TO DEFEND.

BEFORE THE ATTORNEY GENERAL COMMENCES ANY ACTION
UNDER THIS SECTION, HE SHALL GIVE TO THE PERSON AGAINST
WHOM THE ACTION IS PROPOSED:

(1)   NOTICE BY REGISTERED OR CERTIFIED MAIL OF
THE PROPOSED ACTION; AND

(2)   AN OPPORTUNITY TO SHOW CAUSE ORALLY OR IN
WRITING WHY THE ACTION SHOULD NOT BE COMMENCED.

REVISOR'S NOTE: This subsection presently appears as
the first sentence of Art. 27, §195A(d).

The second sentence of that subsection, which
permits the presentation of evidence of
compliance with other statutes and
regulations, is deleted as unnecessary in
light of §11-706. Since, under §11-706, such
evidence is a defense to an action brought
under this subtitle, the required opportunity
to show cause why the action should not be
commenced would necessarily permit
presentation of that defense during the show
cause proceedings.

In item (1) of this subsection, reference to
"registered" mail is added for the purpose of
clarity and emphasis. This is in accord with
Art. 1, §20 of the Code, which generally
permits the use of either registered or
certified mail as alternates to each other.

The only other changes are in style.