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2031
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MARVIN MANDEL, Governor
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(B) (1) WHEN THE COMMISSIONER, AFTER
INVESTIGATION, HAS CAUSE TO BELIEVE THAT ANY PERSON,
FIRM, OR CORPORATION IS VIOLATING SECTION 161 OF THIS
SUBTITLE, AND HAS REASON TO BELIEVE THAT IMMEDIATE
IRREPARABLE LOSS AND INJURY TO THE GENERAL PUBLIC HAS NOT
OCCURRED OR WILL NOT OCCUR, HE SHALL NOTIFY THE ALLEGED
VIOLATOR IN WRITING OF THE EXISTENCE OF THE ALLEGED
VIOLATION.
(2) WITHIN 15 DAYS OF RECEIPT OF THIS
NOTIFICATION, THE ALLEGED VIOLATOR MAY SHOW CAUSE TO THE
COMMISSIONER IN WRITING WHY THE COMMISSIONER SHOULD NOT
ISSUE AN ORDER REQUIRING THE ALLEGED VIOLATOR TO CEASE
AND DESIST FROM THE VIOLATION.
(3) IF THE ALLEGED VIOLATOR DOES NOT RESPOND
TO THE COMMISSIONER'S SHOW CAUSE REQUEST WITHIN THE
PRESCRIBED TIME PERIOD, THE COMMISSIONER MAY ISSUE AN
ORDER REQUIRING THE ALLEGED VIOLATOR TO IMMEDIATELY CEASE
AND DESIST FROM THE VIOLATION.
(4) IF THE ALLEGED VIOLATOR RESPONDS TO THE
COMMISSIONER'S SHOW CAUSE REQUEST, THE COMMISSIONER MAY:
(I) TERMINATE ALL PROCEEDINGS AGAINST
THE ALLEGED VIOLATOR IF, BASED UPON THE RESPONSE OF THE
ALLEGED VIOLATOR TO THE SHOW CAUSE REQUEST HE DETERMINES
THAT THERE IS NO BASIS FOR THE ISSUANCE OF A CEASE AND
DESIST ORDER; OR
(II) SCHEDULE A HEARING, NOTIFYING THE
ALLEGED VIOLATOR IN WRITING BY CERTIFIED MAIL OF THE
DATE, TIME, AND PLACE OF THE HEARING.
(5) (I) IF AFTER A HEARING THE
COMMISSIONER DETERMINES THAT THE ALLEGED VIOLATOR IS IN
VIOLATION OF SECTION 161 OF THIS SUBTITLE, HE SHALL ORDER
THE VIOLATOR TO CEASE AND DESIST FROM THE VIOLATION.
(II) IF AFTER A HEARING THE
COMMISSIONER DETERMINES THAT THE ALLEGED VIOLATOR IS NOT
IN VIOLATION OF SECTION 161 OF THIS SUBTITLE, HE SHALL
TERMINATE ALL PROCEEDINGS AGAINST THE ALLEGED VIOLATOR.
(C) IF ANY PERSON, FIRM, OR CORPORATION FAILS TO
COMPLY WITH ANY LAWFUL ORDER OF THE COMMISSIONER ISSUED
PURSUANT TO THIS SECTION, THE COMMISSIONER MAY:
(1) PETITION A COURT OF COMPETENT
JURISDICTION TO ISSUE AN ORDER COMPELLING COMPLIANCE WITH
THE LAWFULY LAWFUL ORDER OF THE COMMISSIONER; OR
(2) TAKE ANY OTHER ACTION PROVIDED IN THIS
SUBTITLE.
(D) THE ADMINISTRATIVE PROCEDURE ACT, INCLUDING
ITS PROVISIONS FOR JUDICIAL REVIEW IN CONTESTED CASES,
APPLIES TO PROCEEDINGS BEFORE THE COMMISSIONER PURSUANT
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