S.B. 380                                                  VETOES

[14-110.

(a)     The Commissioner may pass a cease and desist order to stop any act or
practice found by the Commissioner to be a violation of this subtitle.

(b)     Whenever the Commissioner finds that a person has violated or is about to
violate this subtitle or a regulation adopted or order passed under it, the Commissioner
may sue to:

(1)     enforce this subtitle or the regulation or order; or

(2)     enjoin the act or practice constituting the violation.

(c)     (1) On a proper showing, a court may:

(i) issue a permanent or preliminary injunction or pass a restraining
order; and

(ii) appoint a receiver or conservator for the defendant or the
defendant's assets.

(2) The court may not require the Commissioner to post bond.]

14-110.

(A) (1) WHENEVER THE COMMISSIONER DETERMINES THAT A PERSON HAS
ENGAGED OR IS ABOUT TO ENGAGE IN AN ACT OR PRACTICE THAT CONSTITUTES A
VIOLATION OF THIS SUBTITLE OR A VIOLATION OF A REGULATION ADOPTED OR
ORDER PASSED UNDER THIS SUBTITLE, THE COMMISSIONER MAY, WITHOUT A
PRIOR HEARING, PASS A SUMMARY ORDER DIRECTING THE PERSON TO CEASE AND
DESIST FROM ENGAGING IN THE ACTIVITY THAT CONSTITUTES A VIOLATION.

(2)     THE SUMMARY ORDER SHALL PROVIDE:

(I) NOTICE OF THE OPPORTUNITY FOR A HEARING BEFORE THE
COMMISSIONER TO DETERMINE WHETHER THE CEASE AND DESIST ORDER SHOULD
BE VACATED, MODIFIED, OR ENTERED AS FINAL; AND

(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;

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