Ch. 657

LAWS OF MARYLAND

MANNER FILES SUCH A STATEMENT, REPORT, OR OTHER INFORMATION WHICH
IS MATERIALLY FALSE, OR OTHERWISE IN A GROSSLY NEGLIGENT MANNER
VIOLATES THE REQUIREMENTS OF THIS SUBTITLE, IS GUILTY OF A
MISDEMEANOR, AND, UPON CONVICTION, SHALL BE FINED NOT MORE THAN
$3,000 OR SENTENCED TO IMPRISONMENT FOR NOT MORE THAN 6 MONTHS,
OR BE BOTH FINED AND IMPRISONED REQUIRED TO PAY RESTITUTION AS
DETERMINED BY THE COURT OR BOTH.

(2) AN OFFICER, DIRECTOR, PARTNER, OR TRUSTEE OF A
CHARITABLE ORGANIZATION, FUND-RAISING COUNSEL, PROFESSIONAL
SOLICITOR, OR SOLICITOR WHICH IS ORGANIZED IN CORPORATE,
PARTNERSHIP, OR OTHER ORGANIZATIONAL FORM WHO CAUSES THE ENTITY
TO COMMIT A GROSSLY NEGLIGENT VIOLATION OF THIS SUBTITLE IS ALSO
GUILTY OF A MISDEMEANOR, AND, UPON CONVICTION, IS SUBJECT TO THE
SAME PENALTIES AS THE ENTITY.

[(b)] (C) 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:

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

(2) ISSUE A CEASE AND DESIST ORDER TO THE VIOLATOR
AFTER NOTICE AND A HEARING;

(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
REQUEST A HEARING TO BE HELD IN ACCORDANCE WITH SUBSECTION (E) OF
THIS SECTION;

[(2)] (3) Refer the matter to the Attorney General
for civil enforcement under subsection [(c)] (D) OF THIS SECTION;
and

[(3)] (4) Refer the matter to the appropriate State's
attorney for prosecution.

[(c)] (D) (1) Upon referral by the Secretary of State, the
Attorney General may file a civil action in the Circuit Court for
Anne Arundel County for an order restraining further violations
of this subtitle, restraining the defendant from conducting any
further fund-raising activities in Maryland, enforcing compliance

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