MARVIN MANDEL, Governor

553

15-DAY PERIOD, STATE IN WRITING TO THE ATTORNEY GENERAL
THEIR BELIEF THAT THE ACTIONS OF ANY SALES AGENCY
CONSTITUTE A PATTERN OF NONCOMPLIANCE WITH THIS SUBTITLE,
THE ATTORNEY GENERAL OR THE DIVISION AT HIS DIRECTION MAY
HOLD A PUBLIC HEARING.

(B) NOTICE AND HEARING.

THE SALES AGENCY ALLEGED TO BE IN NONCOMPLIANCE WITH
THIS SUBTITLE SHALL BE GIVEN AT LEAST 10 DAYS' PRIOR
WRITTEN NOTICE OF THE PUBLIC MEANING. AT THE HEARING, IT
SHALL HAVE AN OPPORTUNITY TO:

(1)       DEMONSTRATE COMPLIANCE; OR

(2)       ENTER INTO AN AGREEMENT TO BEGIN TO
COMPLY WITHIN 60 DAYS FROM THE DATE OF THE HEARING.

(C) COSTS.

IF, AT THE CONCLUSION OF THE HEARING, THE ATTORNEY
GENERAL OR THE DIVISION FINDS THAT THERE WAS IN FACT A
PATTERN OF NONCOMPLIANCE, THE ATTORNEY GENERAL MAY ISSUE
AN ORDER WHICH REQUIRES THE PERSON RESPONSIBLE FOR THE
NONCOMPLIANCE TO PAY TO THE STATE ANY PART OF THE DIRECT
OF INDIRECT COST OF THE HEARING, INCLUDING THE COST OF
PREPARING FOR IT.

(D) BREACH OF AGREEMENT TO COMPLY OR FAILURE TO PAY
COSTS.

(1)    THE ATTORNEY GENERAL MAY DECLARE THAT A
PERSON IS ENGAGED IN AN UNLAWFUL PRACTICE IF HE FINDS
THAT THE PERSON:

(i) HAS BREACHED ANY AGREEMENT ENTERED INTO
UNDER SUBSECTION (B) OF THIS SECTION; OR

(ii) HAS FAILED TO PAY ANY COSTS ORDERED TO
BE PAID UNDER SUBSECTION (C) OF THIS SECTION.

(2)    IF THE UNLAWFUL PRACTICE IS SUBSEQUENTLY
CONTINUED OR REPEATED, IT IS AN UNFAIR OR DECEPTIVE
PRACTICE WITHIN THE MEANING OF TITLE 13 OF THIS ARTICLE
AND IS SUBJECT TO THE ENFORCEMENT AND PENALTY PROVISIONS
CONTAINED IN TITLE 13.

REVISOR'S NOTE: This section presently appears as
Art. 83, §21E(f).

In subsection (d)(1)(i) , of this section, the
term "breached" is substituted for "not acted
in accordance with" for purposes of brevity,
with no change in meaning intended.