WILLIAM DONALD SCHAEFER, Governor

Ch. 388

by reason of any solicitation activity, drive, campaign, or
event, including reimbursement for expenses incurred.

(2) For purposes of this section, the total moneys,
funds, pledges, or other property raised or received shall be
computed by first deducting therefrom the actual cost to the
charitable organization or professional solicitor of goods sold
or services provided to the public in connection with the
soliciting of contributions, and the actual costs of the
preparation of financial reports.]

3-212.

(F)  IN CONNECTION WITH A CHARITABLE SOLICITATION, A PERSON
CHARITABLE ORGANIZATION, FUND-RAISING COUNSEL, PROFESSIONAL
SOLICITOR, OR SOLICITOR MAY NOT USE ANY DECEPTIVE ACT OR
PRACTICE. A DECEPTIVE ACT OR PRACTICE IS ONE WHICH:

(1)  HAS A -TENDENCY OR CAPACITY TO MISLEAD WHETHER BY

AFFIRMATIVE REPRESENTATION OR OMISSION. NEITHER INTENTION TO

DECEIVE, ACTUAL DECEPTION OR ACTUAL DAMAGE IS AN ELEMENT OF
TENDENCY OR CAPACITY TO MISLEAD; AND

(2)  IS MISLEADING IN A MATERIAL RESPECT IN THAT IT
CONCERNS INFORMATION THAT IS IMPORTANT TO A PERSON'S DECISION TO
MAKE A CONTRIBUTION OR CONCERNS INFORMATION THAT IS LIKELY TO
AFFECT A PERSON'S DECISION TO MAKE A CONTRIBUTION. NEITHER
RELIANCE NOR INJURY IS AN ELEMENT OF MATERIALITY.

(G)  ANY PRACTICE PROHIBITED BY THIS SECTION IS A VIOLATION
OF THIS SECTION, WHETHER OR NOT ANY PERSON IN FACT HAS BEEN
MISLED, DECEIVED, OR DAMAGED AS A RESULT OF THAT PRACTICE.

3-214.

(b) The Secretary of State is authorized to investigate
alleged violations of this subtitle. If a finding is made that a
charitable organization, fund-raising counsel, professional
solicitor, or solicitor has violated a provision of this
subtitle, the Secretary of State may take 1 or more of the
following actions:

following actions:

(1) Cancel and annul the registration of the
violator;

(2) SUMMARILY ISSUE A CEASE AND DESIST ORDER TO THE
VIOLATOR IF THE SECRETARY OF STATE:

(I)  DETERMINES THAT THE PUBLIC HEALTH, SAFETY
OR WELFARE REQUIRES EMERGENCY ACTION; AND

(II)  NOTIFIES THE VIOLATOR IN WRITING OF THE
ORDER, THE REASONS FOR THE ORDER, AND THE VIOLATOR'S RIGHT TO

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