PARRIS N. GLENDENING, Governor

Ch. 227

12-306.

(a) A dealer shall allow an authorized law enforcement officer OR AGENT, on
request, to enter the place of business or storage premises of the dealer during business
hours to inspect a record REQUIRED TO BE MAINTAINED UNDER THIS TITLE or
precious metal object as part of a stolen property investigation OR AN INVESTIGATION
OF A VIOLATION OF THIS TITLE.

(b) (1) On request of the dealer, the officer OR AGENT shall make the
inspection in the presence of the dealer or an agent of the dealer.

(2) If the dealer refuses to allow access or produce the record or precious
metal object for inspection, the officer OR AGENT shall seek a search warrant.

(3) A WARRANT AUTHORIZING AN ADMINISTRATIVE INSPECTION FOR
POSSIBLE REGULATORY VIOLATIONS SHALL BE ISSUED IF THE OFFICER OR AGENT
ESTABLISHES PROBABLE CAUSE FOR THE SELECTION OF THE PLACE OF BUSINESS IN
QUESTION FOR INSPECTION AND THAT THE INSPECTION WILL BE REASONABLY
LIMITED IN TIME, PLACE, AND SCOPE

(C) A DEALER WHO REFUSES TO ALLOW ACCESS OR TO PRODUCE RECORDS,
PRECIOUS METAL OBJECTS FOR INSPECTION ON REQUEST, SHALL BE SUBJECT TO
THE PROVISIONS OF § 12-209 OF THIS TITLE AND, IN ADDITION, MAY BE ASSESSED A
CIVIL PENALTY AS PROVIDED IN SUBSECTION (D) OF THIS SECTION.

(D) (1) THE SECRETARY MAY IMPOSE ON A LICENSEE WHO VIOLATES THIS
SECTION A CIVIL PENALTY NOT EXCEEDING $500 FOR EACH VIOLATION.

(2) IN SETTING THE AMOUNT OF A CIVIL PENALTY UNDER THIS
SUBSECTION, THE SECRETARY SHALL CONSIDER:

(I) THE SERIOUSNESS OF THE VIOLATION;

(II) THE GOOD FAITH OF THE VIOLATOR;

(III) ANY PREVIOUS VIOLATIONS;

(IV) THE HARMFUL EFFECT OF THE VIOLATION ON THE
COMPLAINANT, THE PUBLIC, AND THE BUSINESS OF THE DEALER OR PAWNBROKER;
AND

(V) ANY OTHER RELEVANT FACTORS.

12-403.

(A) IF THERE IS PROBABLE CAUSE TO BELIEVE THAT A VIOLATION OF THIS
TITLE HAS OCCURRED, THE SECRETARY SHALL HAVE THE AUTHORITY TO ISSUE
SUBPOENAS FOR RECORDS, REPORTS, OR ARTICLES IN CONNECTION WITH ANY
INVESTIGATION OR ADMINISTRATIVE PROCEEDING UNDER THIS TITLE.

(B) IF A LICENSEE OR A LICENSEE'S EMPLOYEE FAILS TO COMPLY WITH A
SUBPOENA ISSUED UNDER THIS SECTION, ON PETITION OF THE SECRETARY, A
CIRCUIT COURT MAY COMPEL COMPLIANCE WITH THE SUBPOENA

- 1993 -