HARRY HUGHES, Governor

2203

(C) (1) IT IS A VIOLATION OF THIS TITLE TO FAIL TO
ADHERE TO ANY PROVISION CONTAINED IN A WRITTEN ASSURANCE OF
DISCONTINUANCE OR SETTLEMENT AGREEMENT.

(2) A FAILURE BY THE COMMISSIONER TO ENFORCE A
VIOLATION OF ANY PROVISION OF THE ASSURANCE OR AGREEMENT
DOES NOT CONSTITUTE A WAIVER OF ANY OTHER PROVISIONS OR OF
ANY RIGHT OF THE COMMISSIONER.

414.

IF IT APPEARS TO THE COMMISSIONER THAT ANY PERSON HAS
ENGAGED OR IS ABOUT TO ENGAGE IN ANY ACT OR PRACTICE
CONSTITUTING A VIOLATION OF ANY PROVISION OF THIS LAW OR ANY
RULE OR ORDER HEREUNDER, THE COMMISSIONER MAY, IN HIS
DISCRETION, BRING AN ACTION, OR THE COMMISSIONER MAY REQUEST
THE ATTORNEY GENERAL TO BRING AN ACTION IN THE NAME OF THE
PEOPLE OF THE STATE OF MARYLAND TO ENJOIN THE ACTS OR
PRACTICES OR TO ENFORCE COMPLIANCE WITH THIS LAW OR ANY RULE
OR ORDER HEREUNDER. UPON A PROPER SHOWING A PERMANENT OR
PRELIMINARY INJUNCTION, RESTRAINING ORDER, OR WRIT OF MANDATE
SHALL BE GRANTED AND A RECEIVER OR CONSERVATOR MAY BE
APPOINTED FOR THE DEFENDANT OR THE DEFENDANT'S ASSETS. THE
COURT MAY NOT REQUIRE THE COMMISSIONER TO POST A BOND.

416.

(A)(1) THE COMMISSIONER MAY ISSUE AN ORDER REQUIRING
THE VIOLATOR TO CEASE AND DESIST, PENDING THE OPTION FOR A
HEARING, FROM THE FURTHER OFFER OR SALE OF THE BUSINESS
OPPORTUNITY IF THE COMMISSIONER DETERMINES ON RECEIPT OF A
COMPLAINT OR BY OTHER MEANS THAT THERE IS REASONABLE CAUSE
TO BELIEVE:

(I) THAT ANY BUSINESS OPPORTUNITY SUBJECT
TO THIS SUBTITLE HAS BEEN OR IS BEING OFFERED FOR SALE
WITHOUT PRIOR REGISTRATION; OR

(II) THAT ANY OTHER VIOLATION OF THIS
SUBTITLE HAS OCCURRED AND THAT PROMPT ACTION IS NEEDED FOR
EFFECTIVE ENFORCEMENT.

(2) A STATEMENT OF CHARGES AND NOTICE OF THE
OPTION FOR A HEARING SHALL BE SERVED ON THE VIOLATOR WITH

THE CEASE AND DESIST ORDER. THE VIOLATOR, WITHIN 15

BUSINESS DAYS, MAY REQUEST A HEARING.

(3) UNLESS THE HEARING IS COMMENCED WITHIN 15

ADDITIONAL BUSINESS DAYS AFTER THE RECEIPT BY THE

COMMISSIONER OF THE REQUEST, OR UNLESS THE VIOLATOR AFFECTED
CONSENTS TO A LATER DATE, THE ORDER IS RESCINDED.

(B) (1) ALTERNATIVELY, THE COMMISSIONER MAY HOLD A
PUBLIC HEARING TO DETERMINE IF A VIOLATION OF THIS TITLE HAS

OCCURRED.