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Session Laws, 1996
Volume 794, Page 2994   View pdf image
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Ch. 517

1996 LAWS OF MARYLAND

(II) NOTICE THAT THE COMMISSIONER SHALL ENTER THE ORDER
AS FINAL IF THE PERSON SUBJECT TO THE CEASE AND DESIST ORDER FAILS TO
REQUEST A HEARING WITHIN 15 DAYS AFTER THE RECEIPT OF THE CEASE AND
DESIST ORDER.

(3) UNLESS THE PERSON SUBJECT TO THE CEASE AND DESIST ORDER
WAIVES THE RIGHT TO A HEARING,
WHENEVER THE COMMISSIONER DETERMINES
AFTER NOTICE AND A HEARING THAT A PERSON HAS ENGAGED IN ANY ACT OR
PRACTICE CONSTITUTING A VIOLATION OF THIS SUBTITLE, THE COMMISSIONER
MAY IN THE DISCRETION OF THE COMMISSIONER AND IN ADDITION TO TAKING ANY
OTHER ACTION AUTHORIZED UNDER THIS SUBTITLE:

(I)      PASS A FINAL CEASE AND DESIST ORDER AGAINST THE
PERSON;

(II)    BAR THE PERSON FROM ENGAGING IN THE OFFER AND SALE
OF BUSINESS OPPORTUNITIES IN THE STATE; OR

(III) TAKE ANY COMBINATION OF THE ACTIONS SPECIFIED IN THIS
SECTION.

(B)     (1) THE PERSON SUBJECT TO THE CEASE AND DESIST ORDER MAY
WAIVE THE RIGHT TO A HEARING.

(2) IF A PERSON SUBJECT TO A CEASE AND DESIST ORDER WAIVES THE
RIGHT TO A HEARING, THE COMMISSIONER IS NOT REQUIRED TO HOLD A HEARING
TO TAKE ANY ACTION UNDER SUBSECTION (A)(3) OF THIS SECTION.

(C)     (1) WHENEVER THE COMMISSIONER DETERMINES THAT ANY PERSON
HAS ENGAGED IN OR IS ABOUT TO ENGAGE IN AN ACT OR PRACTICE CONSTITUTING
A VIOLATION OF THIS SUBTITLE OR A VIOLATION OF A REGULATION OR ORDER
UNDER THIS SUBTITLE, THE COMMISSIONER MAY SUE IN THE CIRCUIT COURT TO
OBTAIN ONE OR MORE OF THE FOLLOWING REMEDIES:

(I)      A TEMPORARY RESTRAINING ORDER;

(II)    A TEMPORARY OR PERMANENT INJUNCTION;
(III) A DECLARATORY JUDGMENT;

(IV)   THE APPOINTMENT OF A RECEIVER OR CONSERVATOR FOR
THE DEFENDANT OR THE DEFENDANTS ASSETS;

(V)    A FREEZE OF THE DEFENDANT'S ASSETS;

(VI)   A CIVIL PENALTY UP TO A MAXIMUM AMOUNT OF $5,000 FOR
ANY SINGLE VIOLATION OF THIS SUBTITLE;

(VII)  RESTITUTION;

(VIII) RESCISSION; OR

(IX)   ANY OTHER RELIEF AS THE COURT FINDS JUST.

- 2994 -

 

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Session Laws, 1996
Volume 794, Page 2994   View pdf image
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