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Ch. 267
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2002 LAWS OF MARYLAND
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(II) DEFINE THE HARM THAT THE COMMISSION FINDS WILL
RESULT IF THE SUMMARY CEASE AND DESIST ORDER IS NOT ISSUED;
(III) STATE THE BASIS FOR THE COMMISSION'S FINDING THAT THE
HARM WILL BE IMMEDIATE, SUBSTANTIAL, AND IRREPARABLE;
(IV) STATE THAT ANY PERSON AFFECTED BY THE SUMMARY CEASE
AND DESIST ORDER MAY IMMEDIATELY APPLY TO HAVE THE ORDER MODIFIED OR
VACATED BY THE COMMISSION;
(V) STATE THAT THE COMMISSION MAY MODIFY OR VACATE THE
SUMMARY CEASE AND DESIST ORDER AS REQUESTED OR MAY SET THE MATTER FOR
HEARING UNDER SUBSECTION (C) OF THIS SECTION; AND
(VI) PROVIDE NOTICE OF THE OPPORTUNITY FOR AN EVIDENTIARY
HEARING TO DETERMINE WHETHER THE SUMMARY CEASE AND DESIST ORDER
SHOULD BE MODIFIED, VACATED, OR ENTERED AS FINAL.
(C) (1) WITHIN 15 CALENDAR DAYS AFTER THE DATE AND HOUR OF
SUCCESSFUL SERVICE OF THE SUMMARY CEASE AND DESIST ORDER, THE AFFECTED
PERSON MAY FILE A REQUEST FOR AN EVIDENTIARY HEARING WITH THE
COMMISSION ON THE PROPRIETY OF A FINAL ORDER
(2) IF THE COMMISSION RECEIVES A REQUEST FOR AN EVIDENTIARY
HEARING ON THE PROPRIETY OF A FINAL ORDER FROM THE AFFECTED PERSON
WITHIN THE TIME LIMIT IN PARAGRAPH (1) OF THIS SUBSECTION, THE COMMISSION
SHALL COMPLETE THE EVIDENTIARY HEARING WITHIN 15 CALENDAR DAYS AFTER
THE DATE AND HOUR WHEN THE REQUEST IS RECEIVED.
(3) WITHIN 48 HOURS AFTER COMPLETING THE EVIDENTIARY HEARING
REQUESTED UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE COMMISSION SHALL
ISSUE A FINAL ORDER IN WHICH IT SHALL DETERMINE WHETHER THE AFFECTED
PERSON HAS ENGAGED IN AN ACT OR PRACTICE THAT IS IN VIOLATION OF ANY
PROVISION OF THIS ARTICLE OR ANY ORDER OR REGULATION ADOPTED UNDER THIS
ARTICLE THAT DIRECTLY CONCERNS CONSUMER PROTECTION OR PUBLIC SAFETY.
(4) IF THE COMMISSION DOES NOT RECEIVE A REQUEST FOR AN
EVIDENTIARY HEARING ON THE PROPRIETY OF A FINAL ORDER FROM THE
AFFECTED PERSON WITHIN THE TIME LIMIT IN PARAGRAPH (1) OF THIS SUBSECTION,
THE SUMMARY CEASE AND DESIST ORDER SHALL BECOME FINAL.
(D) IF THE COMMISSION FAILS TO COMPLY WITH SUBSECTION (C)(2) OR (3) OF
THIS SECTION, THE SUMMARY CEASE AND DESIST ORDER IS VOID FROM THE TIME
OF ISSUANCE.
(E) THE COMMISSION MAY NOT IMPOSE A PENALTY FOR A VIOLATION OF A
SUMMARY CEASE AND DESIST ORDER THAT IS VOID UNDER SUBSECTION (D) OF THIS
SECTION.
(A) IN ADDITION TO ANY REMEDY OTHERWISE AVAILABLE, IF THE
COMMISSION DETERMINES THAT A PERSON HAS ENGAGED IN OR IS ABOUT TO
ENCAGE IN AN ACT OR PRACTICE THAT CONSTITUTES A VIOLATION OF ANY
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- 2066 -
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