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PARRIS N. GLENDENING, Governor Ch. 267
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final order under certain circumstances; providing that a certain cease and
desist order is void under certain circumstances; prohibiting the Commission
from imposing certain penalties under certain circumstances; and generally
relating to the authority of the Public Service Commission to issue cease and
desist orders.
BY adding to
Article - Public Utility Companies
Section 13-208
Annotated Code of Maryland
(1998 Volume and 2001 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Public Utility Companies
13-208.
(A) IN ADDITION TO ANY OTHERWISE AVAILABLE REMEDY, THE COMMISSION
MAY SUMMARILY ORDER A PERSON WHO IS SUBJECT TO THE JURISDICTION OF THE
COMMISSION TO CEASE AND DESIST FROM AN ACT OR PRACTICE IF THE
COMMISSION DETERMINES FROM SPECIFIC FACTS SHOWN BY AFFIDAVIT OR OTHER
STATEMENT MADE UNDER OATH THAT:
(1) THE PERSON HAS ENGAGED IN AN ACT OR PRACTICE THAT
CONSTITUTES A VIOLATION OF ANY PROVISION OF THIS ARTICLE OR ANY ORDER OR
REGULATION ADOPTED UNDER THIS ARTICLE THAT DIRECTLY CONCERNS
CONSUMER PROTECTION OR PUBLIC SAFETY:
(2) IMMEDIATE, SUBSTANTIAL, AND IRREPARABLE HARM WILL RESULT
BEFORE THE AFFECTED PERSON COULD HAVE AN OPPORTUNITY TO RESPOND TO
THE FACTS ALLEGED;
(3) THE NEED FOR THE IMMEDIATE ISSUANCE OF A SUMMARY CEASE
AND DESIST ORDER OUTWEIGHS THE AFFECTED PERSON'S RIGHT TO RECEIVE
NOTICE AND BE HEARD BEFORE ISSUANCE OF THE ORDER; AND
(4) ISSUANCE OF THE SUMMARY CEASE AND DESIST ORDER IS IN THE
PUBLIC INTEREST.
(B) A SUMMARY CEASE AND DESIST ORDER ISSUED BY THE COMMISSION
UNDER SUBSECTION (A) OF THIS SECTION SHALL:
(1) BE PERSONALLY AND PROMPTLY SERVED ON THE AFFECTED
PERSON OR THE PERSON'S LEGAL REPRESENTATIVE;
(2) BE EFFECTIVE ONLY AFTER IT IS SERVED UNDER ITEM (1) OF THIS
SUBSECTION; AND
(3) (I) IDENTIFY THE DATE AND HOUR OF ISSUANCE;
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- 2065 -
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