Section 16-209 - Enforcement powers. - Maryland Statutes

§ 16-209. Enforcement powers.
 

(a)  In general.-  

(1) The Commission shall administer and enforce the provisions of this title. 

(2) In connection with any action to enforce the provisions of this title, the Commission may: 

(i) hold hearings; 

(ii) administer oaths; 

(iii) issue a subpoena for the attendance of a witness to testify or the production of evidence; or 

(iv) take depositions in the same manner as provided in civil cases in the State. 

(3) The Police Department of Baltimore City, the sheriff of a county, or a private process server shall serve a subpoena issued under this subsection. 

(4) If a person fails to comply with a subpoena issued under this subsection, on petition of the Commission or another party, a circuit court may compel compliance with the subpoena. 

(b)  Injunctive power.-  

(1) If the Commission concludes that conduct alleged to be a violation of any provision of this title may result in irreparable harm to a person, the Commission may sue to enforce a provision of this title by ex parte, interlocutory, or final injunction. 

(2) In seeking an injunction under this subsection, the Commission is not required to: 

(i) post bond, if the injunction is sought against a person who does not hold a license issued under this title; 

(ii) allege or prove that an adequate remedy at law does not exist; or 

(iii) allege or prove that substantial or irreparable damage would result from the continued violation of the provision. 

(c)  Investigative power.-  

(1) Subject to the provisions of this section, the Commission shall conduct an investigation that relates to any complaint alleging that an unauthorized person has provided real estate appraisal services or home inspection services. 

(2) A complaint shall: 

(i) be in writing; 

(ii) state specifically the facts on which the complaint is based; and 

(iii) be submitted to the Commission. 

(3) If a complaint is made by any person other than a member of the Commission, the complaint shall be made under oath by the person who submits the complaint. 

(d)  Personal liability.- A member of the Commission may not be held personally liable for any action taken under this section. 
 

[1990, ch. 594; 1994, ch. 3, § 13; 2001, ch. 470; 2005, ch. 192.]