LAWS OF MARYLAND                            [Ch. 49

In subsection (b) of this section, the terms
"alleged violator" and "alleged violation" are
added in recognition of subsection (a) (2) of
this section, which provides that an assurance
or agreement does not constitute an admission
of guilt,

For the provisions which relate to cease and
desist orders generally see §13—403.

CEASE AND DESIST ORDER.

HEARING.

(1)   THE DIVISION MAY HOLD A PUBLIC HEARING TO
DETERMINE IF A VIOLATION OF THIS TITLE HAS OCCURRED.

(2)   THE DIVISION SHALL SERVE:

(i) A STATEMENT OF CHARGES ON THE ALLEGED
VIOLATOR; AND

(ii) A NOTICE OF THE TIME AND PLACE OF
HEARING ON EACH PARTY OF RECORD.

(3)   THE DIVISION SHALL HOLD THE HEARING NOT
LESS THAN TEN DAYS AFTER SERVICE OF THE STATEMENT OF
CHARGES. EACH PARTY OF RECORD MAY APPEAR BEFORE THE
DIVISION IN PERSON OR, AT HIS OPTION, BY HIS AUTHORIZED
REPRESENTATIVE AND MAY HAVE THE ASSISTANCE OF AN
ATTORNEY. THE PARTIES MAY PRESENT EVIDENCE AND
CROSS-EXAMINE WITNESSES. ALL TESTIMONY SHALL BE GIVEN
UNDER OATH AND MAY BE REQUIRED BY THE ISSUANCE OF A
SUBPOENA SIGNED BY THE DIVISION. IRRELEVANT, UNDULY
REPETITIOUS, OR PROTRACTED EVIDENCE MAY NOT BE ADMITTED.
HEARINGS MAY BE LIMITED BY THE DIVISION IF THE DIVISION
SO NOTIFIES EACH PARTY BEFORE THE HEARING.

(4)    THE DIVISION SHALL KEEP A FULL RECORD OF
THE HEARING. THE RECORD SHALL BE OPEN TO INSPECTION BY
ANY PERSON. ON REQUEST OF AN INTERESTED PARTY TO THE
PROCEEDING, THE DIVISION SHALL FURNISH THE PARTY A COPY
OF THE HEARING RECORD AT A COST WHICH THE DIVISION
CONSIDERS APPROPRIATE.

(B) FINDINGS AND ORDER.

(1) IF, AT THE CONCLUSION OF THE HEARING, THE
DIVISION DETERMINES ON THE PREPONDERANCE OF EVIDENCE THAT
THE ALLEGED VIOLATOR VIOLATED THIS TITLE, THE DIVISION
SHALL STATE ITS FINDINGS AND ISSUE AN ORDER REQUIRING THE
VIOLATOR TO CEASE AND DESIST FROM THE VIOLATION AND TO
TAKE AFFIRMATIVE ACTION, INCLUDING THE RESTITUTION OF
MONEY OR PROPERTY. THE ORDER SHALL CONTAIN A NOTICE

540

13-403.