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ROBERT L. EHRLICH, JR., Governor S.B. 909
13-403.
(a) (1) The Division may hold a public hearing to determine if a violation of
this title has occurred.
(2) The Division shall serve:
(i) A statement of charges on the alleged violator; and
(ii) A notice of the time and place of hearing on each party of record.
(3) The Division shall hold the hearing not less than ten days after
service of the statement of charges. Each party of record may appear before the
Division in person or, at his option, by his authorized representative and may have
the assistance of an attorney. The parties may present evidence and cross-examine
witnesses. All testimony shall be given under oath and may be required by the
issuance of a subpoena signed by the Division. Irrelevant, unduly repetitious, or
protracted evidence may not be admitted. Hearings may be limited by the Division if
the Division so notifies each party before the hearing.
(4) The Division shall keep a full record of the hearing. The record shall
be open to inspection by any person. On request of an interested party to the
proceeding, the Division shall furnish the party a copy of the hearing record at a cost
which the Division considers appropriate.
(b) (1) (I) If, at the conclusion of the hearing, the Division determines on
the preponderance of evidence that the alleged violator violated this title, the Division
shall state its findings and issue an order requiring the violator to cease and desist
from the violation and to take affirmative action, including the restitution of money
or property AND.
(II) THE ORDER MAY CONTAIN ANY STIPULATION OR CONDITION
LISTED IN § 13-402(B) OF THIS SUBTITLE.
(II) (III) The order shall contain a notice which states that if the
Division determines that the violator has not corrected the violation and complied
with the order within 30 days following service of the order, the Division shall proceed
with enforcement pursuant to this subtitle.
(2) If, at the conclusion of the hearing, the Division determines on the
preponderance of evidence that the alleged violator did not violate this title, the
Division shall state its findings and issue an order dismissing the complaint.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2005.
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May 26, 2005
The Honorable Thomas V. Mike Miller, Jr.
President of the Senate
State House
Annapolis, MD 21401
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- 3947 -
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