Section 14-110 - Civil enforcement of subtitle. - Maryland Statutes

§ 14-110. Civil enforcement of subtitle.
 

(a)  Cease and desist orders - In general.-  

(1) Whenever the Commissioner determines that a person has engaged or is about to engage in an act or practice that constitutes a violation of this subtitle or a violation of a regulation adopted or order passed under this subtitle, the Commissioner may, without a prior hearing, pass a summary order directing the person to cease and desist from engaging in the activity that constitutes a violation. 

(2) The summary order shall provide: 

(i) notice of the opportunity for a hearing before the Commissioner to determine whether the cease and desist order should be vacated, modified, or entered as final; and 

(ii) notice that the Commissioner shall enter the order as final if the person subject to the cease and desist order fails to request a hearing within 15 days after the receipt of the cease and desist order. 

(3) Whenever the Commissioner determines after notice and a hearing that a person has engaged in any act or practice constituting a violation of this subtitle, the Commissioner may in the discretion of the Commissioner and in addition to taking any other action authorized under this subtitle: 

(i) pass a final cease and desist order against the person; 

(ii) bar the person from engaging in the offer and sale of business opportunities in the State; or 

(iii) take any combination of the actions specified in this section. 

(b)  Cease and desist orders - Waiver of hearing.-  

(1) The person subject to the cease and desist order may waive the right to a hearing. 

(2) If a person subject to a cease and desist order waives the right to a hearing, the Commissioner is not required to hold a hearing to take any action under subsection (a)(3) of this section. 

(c)  Actions for other remedies.-  

(1) Whenever the Commissioner determines that any person has engaged in or is about to engage in an act or practice constituting a violation of this subtitle or a violation of a regulation or order under this subtitle, the Commissioner may sue in the circuit court to obtain one or more of the following remedies: 

(i) a temporary restraining order; 

(ii) a temporary or permanent injunction; 

(iii) a declaratory judgment; 

(iv) the appointment of a receiver or conservator for the defendant or the defendant's assets; 

(v) a freeze of the defendant's assets; 

(vi) a civil penalty up to a maximum amount of $5,000 for any single violation of this subtitle; 

(vii) restitution; 

(viii) rescission; or 

(ix) any other relief as the court finds just. 

(2) The Commissioner may not be required to post a bond in any action under this section. 
 

[1996, ch. 517.]