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Session Laws, 1989
Volume 771, Page 3893   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 657

with this subtitle, and such other relief as is deemed
appropriate.

(2) As a condition of registration, each charitable
organization, fund-raising counsel, professional solicitor, and
solicitor shall consent in writing to the jurisdiction and venue
of the Circuit Court for Anne Arundel County to grant appropriate
relief.

(E) (1) IF THE SECRETARY OF STATE ISSUES A CEASE AND DESIST
ORDER TO A PERSON UNDER SUBSECTION (B) OF THIS SECTION, THE
PERSON MAY FILE A REQUEST FOR A HEARING ON THE ORDER WITH THE
SECRETARY OF STATE.

(2) IF A REQUEST FOR A HEARING IS FILED UNDER
PARAGRAPH (1) OF THIS SUBSECTION, THE SECRETARY OF STATE SHALL
HOLD A HEARING, IN ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE
STATE GOVERNMENT ARTICLE, WITHIN 30 DAYS AFTER THE REQUEST IS
FILED.

[(d)] (E) (F) The Secretary of State shall adopt rules and
regulations for the administration and enforcement of this
subtitle.

3-215.

(A)  EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, A
PERSON CHARITABLE ORGANIZATION, FUND-RAISING COUNSEL,
PROFESSIONAL SOLICITOR, SOLICITOR, OR AN OFFICER, DIRECTOR,
PARTNER, OR TRUSTEE OF A CHARITABLE ORGANIZATION, WHO WILLFULLY
FAILS TO COMPLY WITH ANY REQUIREMENT IMPOSED UNDER THIS SUBTITLE
WITH RESPECT TO A CONTRIBUTION MADE AS A RESULT OF A CHARITABLE
SOLICITATION IS LIABLE TO THE DONOR OF THAT CONTRIBUTION IN AN
AMOUNT EQUAL TO THE SUM OF:

(1)  ANY ACTUAL DAMAGES SUSTAINED BY THE DONOR AS A
RESULT OF THE FAILURE;

(2)  ANY AMOUNT OF PUNITIVE DAMAGES THE COURT MAY
ALLOW, WHICH MAY BE NOT MORE THAN 3 TIMES THE ACTUAL DAMAGES; AND

(3)  IN THE CASE OF A SUCCESSFUL ACTION TO ENFORCE
LIABILITY UNDER THIS SECTION, THE COSTS OF THE ACTION TOGETHER
WITH REASONABLE ATTORNEY'S FEES, AS DETERMINED BY THE COURT.

(B)  EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, A
PERSON CHARITABLE ORGANIZATION, FUND-RAISING COUNSEL,
PROFESSIONAL SOLICITOR, SOLICITOR, OR AN OFFICER, DIRECTOR,
PARTNER, OR TRUSTEE OF A CHARITABLE ORGANIZATION, WHO IS GROSSLY
NEGLIGENT IN FAILING TO COMPLY WITH ANY REQUIREMENT IMPOSED UNDER
THIS SUBTITLE WITH RESPECT TO A CONTRIBUTION MADE AS A RESULT OF
A CHARITABLE SOLICITATION IS LIABLE TO THE DONOR OF THAT
CONTRIBUTION IN AN AMOUNT EQUAL TO THE SUM OF:

- 3893 -

 

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Session Laws, 1989
Volume 771, Page 3893   View pdf image
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