HARRY HUGHES, Governor

2223

It is unlawful to sell any franchise in this State
which is subject to registration under this subtitle without
first providing to the prospective franchisee, [at least 48
hours prior to the execution by the prospective franchisee
of any binding franchise or other agreement, or at least 48
hours prior to the receipt of any consideration, whichever
occurs first,] AT THE EARLIER OF: (1) THE PROSPECTIVE
FRANCHISEE'S FIRST PERSONAL MEETING WITH THE FRANCHISOR
WHICH IS HELD FOR THE PURPOSE OF DISCUSSING THE SALE OR
POSSIBLE SALE OF A FRANCHISE, OR (2) 10 BUSINESS DAYS PRIOR
TO THE EXECUTION OF A CONTRACT OR PAYMENT OF ANY
CONSIDERATION RELATING TO THE FRANCHISE RELATIONSHIP, a copy
of the prospectus, together with a copy of all proposed
agreements relating to the sale of the franchise.

359.

The registration may be renewed for additional periods
of one year each, unless the Commissioner by rule, [or]
regulation, OR ORDER specifies a different period, by
submitting to the Commissioner a registration renewal
statement no later than 15 business days prior to the
expiration of the registration unless the period is waived
by order of the Commissioner. If a stop order or other
order is not in effect under this subtitle, registration of
the offer of the franchises automatically becomes renewed
effective at 12 o'clock noon of the date on which the prior
registration is due to expire, or at an earlier time as the
Commissioner determines.

363.

(A) Whenever 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 under it, he may [bring an action
in the name of the people of the State of Maryland in the
circuit court to enjoin the acts or practices or to enforce
compliance with this law or any rule or order under it.
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.] DO ANY OR ALL OF
THE FOLLOWING:

(1) ORDER THE FRANCHISOR OR OFFEROR OF THE
FRANCHISE TO DESIST AND REFRAIN FROM THE FURTHER OFFER OR
SALE OF THE FRANCHISE UNLESS AND UNTIL THE OFFER IS MADE IN
COMPLIANCE WITH THIS SUBTITLE. IF, AFTER ISSUANCE OF THE
ORDER, A REQUEST FOR A HEARING IS FILED IN WRITING BY THE
PERSON TO WHOM THE ORDER IS DIRECTED, A HEARING SHALL BE
HELD. UNLESS THE HEARING IS COMMENCED WITHIN 15 BUSINESS
DAYS AFTER THE REQUEST IS MADE, OR THE PERSON AFFECTED
CONSENTS TO A LATER DATE, THE ORDER IS RESCINDED;