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Session Laws, 1996
Volume 794, Page 3005   View pdf image
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PARRIS N. GLENDENING, Governor                             Ch. 517

(1)     THAT THE ORDER HAS BEEN ENTERED;

(2)     THE BASIS FOR THE ORDER; AND

(3)     THAT WITHIN 15 DAYS AFTER THE DAY ON WHICH THE
COMMISSIONER RECEIVES A WRITTEN REQUEST BY THE SELLER, THE MATTER WILL
BE SET DOWN FOR A HEARING.

(F)     IF THE SELLER FAILS TO REQUEST A HEARING AND THE COMMISSIONER
FAILS TO ORDER A HEARING, THE ORDER SHALL REMAIN IN EFFECT UNTIL THE
COMMISSIONER MODIFIES OR VACATES THE ORDER.

(G)    IF THE SELLER REQUESTS A HEARING OR THE COMMISSIONER ORDERS A
HEARING, THE COMMISSIONER, AFTER PROVIDING NOTICE OF AN OPPORTUNITY
FOR HEARING TO THE SELLER, MAY MODIFY OR VACATE THE ORDER OR EXTEND IT
UNTIL FINAL DETERMINATION.

(H) THE COMMISSIONER MAY NOT ENTER AN ORDER DESCRIBED UNDER
SUBSECTION (B) OF THIS SECTION WITHOUT FIRST PROVIDING TO THE SELLER
NOTICE IN ACCORDANCE WITH SUBSECTION (E) OF THIS SECTION, AN OPPORTUNITY
FOR HEARING, AND WRITTEN FINDINGS OF FACT AND CONCLUSIONS OF LAW.

(I) IF THE COMMISSIONER FINDS THAT THE CONDITIONS WHICH PROMPTED
ITS ENTRY HAVE CHANGED OR THAT IT IS OTHERWISE IN THE PUBLIC INTEREST,
THE COMMISSIONER MAY VACATE OR MODIFY AN ORDER PASSED UNDER THIS
SECTION.

14-120.

In connection with an offer to sell or sale of a business opportunity, a person may
not make any untrue statement of a material fact or omit to state a material fact necessary
in order to make the statement made, in light of the circumstances under which it is
made, not misleading.

14-121.

In connection with an offer to sell or sale of a business opportunity, a person may
not engage in any act, practice, or course of business or employ any device, scheme, or
artifice to defraud that operates or would operate as a fraud or deceit on another person.

14-122.

In connection with an offer to sell or sale of a business opportunity, a person may
not represent that the business opportunity provides income or earning potential of any
kind unless:

(1)     the seller has documentation to substantiate the representation; and

(2)     the person discloses the documentation to the prospective buyer when
the representation is made.

- 3005 -

 

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Session Laws, 1996
Volume 794, Page 3005   View pdf image
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