2224

LAWS OF MARYLAND

Ch. 635

(2) UPON NOTICE AND HEARING AS PROVIDED IN THE
MARYLAND RULES OF PROCEDURE ACT AND IN THE ADMINISTRATIVE
PROCEDURE ACT, FINE ANY FRANCHISOR OR OFFEROR $500 FOR EACH
VIOLATION UNDER THIS SUBTITLE;

(3) (2) 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. IN SUCH PROCEEDING,
THE COURT SHALL DETERMINE WHETHER A VIOLATION HAS BEEN
COMMITTED, AND SHALL ENTER JUDGMENT OR DECREE AS IT
CONSIDERS NECESSARY TO REMOVE THE EFFECTS OF ANY VIOLATION
AND TO PREVENT THE VIOLATION FROM CONTINUING OR FROM BEING
RENEWED IN THE FUTURE. THE COURT MAY EXERCISE ALL EQUITABLE
POWERS NECESSARY FOR THIS PURPOSE, INCLUDING: INJUNCTION,
REVOCATION, FORFEITURE, OR SUSPENSION OF THE CHARTER,
CERTIFICATE OF AUTHORITY, OR PRIVILEGES OF ANY CORPORATION,
ASSOCIATION, LIMITED PARTNERSHIP, OR OTHER BUSINESS
ORGANIZATION OPERATING UNDER THE LAWS OF THIS STATE,
DISSOLUTION OF DOMESTIC CORPORATIONS OR ASSOCIATIONS,
SUSPENSION OR TERMINATION OF THE RIGHT OF FOREIGN
CORPORATIONS OR ASSOCIATIONS TO DO BUSINESS IN THIS STATE,
RESTITUTION, PAYMENT OF DAMAGES BY A FRANCHISOR OR
SUBFRANCHISOR TO PERSONS INJURED BY VIOLATIONS OF THIS
SUBTITLE, RESTRAINING ORDER, WRIT OF MANDATE, AND
APPOINTMENT OF A RECEIVER OR CONSERVATOR. THE COURT MAY NOT
REQUIRE THE COMMISSIONER TO POST A BOND.

(B) THE COMMISSIONER MAY NOT EXERCISE ANY OF THE
POWERS CONFERRED BY THIS SECTION MORE THAN 3 YEARS AFTER THE
OCCURRENCE OF THE VIOLATION.

[364.

If the Commissioner decides the offer of any franchise
is subject to registration under this law and it is being,
or it has been, offered for sale without first being
registered, he may 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
registered. 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is rescinded.]

364.

(A) THE COMMISSIONER MAY:

(1)  MAKE AND ENFORCE SUCH RULES AND REGULATIONS
AS ARE REASONABLY NECESSARY TO ADMINISTER AND ENFORCE THE
PROVISIONS OF THIS SUBTITLE. THE COMMISSIONER MAY, IN HIS
DISCRETION, HONOR REQUESTS FOR INTERPRETIVE OPINIONS.

(2)  MAKE PUBLIC OR PRIVATE INVESTIGATIONS WITHIN
OR OUTSIDE OF THIS STATE AS HE CONSIDERS NECESSARY TO: