WILLIAM DONALD SCHAEFER, Governor

Ch. 563

(C) INVESTIGATIVE POWER.

(1)  SUBJECT TO THE PROVISIONS OF THIS SECTION, THE
COMMISSION SHALL CONDUCT AN INVESTIGATION THAT RELATES TO ANY
COMPLAINT ALLEGING THAT AN UNAUTHORIZED PERSON HAS PROVIDED REAL
ESTATE BROKERAGE SERVICES.

(2)  A COMPLAINT SHALL BE:

(I)  BE IN WRITING;

(II)  STATE SPECIFICALLY THE FACTS ON WHICH THE
COMPLAINT IS BASED; AND

(III)  BE FILED WITH THE COMMISSION.

(3)  IF A COMPLAINT IS MADE BY ANY PERSON OTHER THAN A
MEMBER OF THE COMMISSION, THE COMPLAINT SHALL BE MADE UNDER OATH
BY THE PERSON WHO SUBMITS THE COMPLAINT.

SUBCOMMITTEE COMMENT: Subsections (a), (b)(1) and (2)(i),
and (c) of this section are new language derived
without substantive change from former Art. 56, §
231A, § 225(b) and the sixth sentence of (a), the
first sentence of § 214(a), as that sentence related
to the duty of the Commission to effect the purposes
of former Art. 56, §§ 212 through 232A, the third
sentence of § 220, as that sentence related to the
power of the Commission to enforce regulations, and
the first sentence of § 224(a), as that sentence
related to the power of the Commission to investigate
certain complaints regarding the unauthorized
provision of real estate brokerage services.

Subsection (b)(2)(ii) of this section is new language
added, on the recommendation of the Joint Subcommittee
on the Business Occupations Article, to expand the
power of the Commission to sue for an injunction.
Similarly, in subsection (b)(1) of this section, the
broad reference to "any person" is substituted for the
former, narrower reference to a "citizen of the
State".

In subsection (a)(1) of this section, the reference to
enforcing the "provisions" of this title is
substituted, on the recommendation of the Joint
Subcommittee on the Business Occupations Article, for
the former reference to effecting the "purposes" of
the title, which the Joint Subcommittee found to be
overly broad.

On the recommendation of the Joint Subcommittee on the
Business Occupations Article Committee, subsection
(a)(2) of this section is revised to clarify that the
specified powers apply generally to any disciplinary

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