ROBERT L. EHRLICH, JR., Governor

S.B. 303

(5) If, after a hearing, the Commissioner finds that the alleged violator is
not doing business as an employment agency or acting as an employment counselor
without an appropriate license, the Commissioner shall revoke the order.

(b)     (1) The Commissioner shall give a person written notice if, after
investigation, the Commissioner has reason to believe that:

(i) the person is doing business as an employment agency or acting
as an employment counselor without an appropriate license; but

(ii) immediate, irreparable loss and injury to the general public has
not occurred and will not occur.

(2)     The notice shall direct that, within 15 days after receipt of the notice,
an alleged violator may show cause in writing why the Commissioner should not pass
an order that requires the alleged violator to cease and desist from the alleged
violation.

(3)     Unless an alleged violator submits a timely response, the
Commissioner may pass an order that requires the alleged violator immediately to
cease and desist from the alleged violation.

(4)     If an alleged violator submits a timely response, the Commissioner
may:

(i) terminate proceedings against the alleged violator, if the
Commissioner finds that there is no basis for passing an order to cease and desist; or

(ii) schedule a hearing and, by certified mail, give the alleged
violator written notice of the date, place, and time of the hearing.

(5)     (i) If, after a hearing, the Commissioner finds that the alleged
violator is doing business as an employment agency or acting as an employment
counselor without an appropriate license, the Commissioner shall pass an order that
requires the person to cease and desist from the violation.

... (ii) If, after a hearing, the Commissioner finds that the alleged
violator is not doing business as an employment agency or acting as an employment
counselor without an appropriate license, the Commissioner shall terminate
proceedings against the person.

(c)      If a person fails to comply with a lawful order of the Commissioner under
this section, the Commissioner may:

(1)     bring an action in a court of competent jurisdiction for an order to
compel compliance; or

(2)     take any other action that this title allows.]

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