Section 14-1911 - Complaints. - Maryland Statutes

§ 14-1911. Complaints.
 

(a)  Filing.- Any consumer who has reason to believe that this subtitle has been violated by any credit services business or by any other person may file a written complaint setting forth the details of the alleged violation with the Commissioner. 

(b)  Inspection of books, records, etc., by Commissioner.- After receiving the complaint, the Commissioner may inspect the pertinent books, records, letters and contracts of any credit services business, and of any person who has furnished information to the credit services business relating to the specific written complaint. 

(c)  Investigation and hearing.- The Commissioner may investigate the complaint and hold a hearing in accordance with Title 10, Subtitle 2 of the State Government Article. 

(d)  Powers of Commissioner.- The Commissioner may: 

(1) Hold a hearing on the complaint at a time and place in this State reasonably convenient to the parties involved; 

(2) Subpoena witnesses; 

(3) Take depositions of witnesses residing without the State, in the manner provided for witnesses in civil actions in courts of record; 

(4) Administer oaths; 

(5) Issue orders for compliance with this subtitle; and 

(6) Issue cease and desist orders, after finding a pattern and practice of violation of this subtitle. 

(e)  Notice of complaint and hearing.-  

(1) The Commissioner shall give to the credit services business, or the salesperson, agent, representative, or independent contractor acting on behalf of the credit services business against whom a complaint is filed, written notice of the complaint and the time and place of any hearing. 

(2) The notice shall: 

(i) Be in writing; and 

(ii) Be sent by certified mail, to the principal place of business of the credit services business or the principal place of business or residence address of the salesperson, agent, representative, or independent contractor acting on behalf of the credit services business, at least 10 days prior to the date of the hearing. 

(f)  Cease and desist order.-  

(1) If, after the hearing, the Commissioner finds that the credit services business, or the salesperson, agent, representative, or independent contractor acting on behalf of the credit services business, has engaged or is engaging in any act or practice prohibited by this subtitle, the Commissioner shall order the credit services business or the person or both to cease and desist from the act or practice and may order that restitution be paid to an aggrieved consumer. 

(2) The order of the Commissioner shall comply with the Administrative Procedure Act. 

(g)  Finality of order.-  

(1) If an appeal is not filed, the order of the Commissioner becomes final after expiration of the time allowed by the Administrative Procedure Act for appeals from the Commissioner's orders. 

(2) If an appeal is filed, the order of the Commissioner becomes final after a final decision of a court affirming the order or dismissing the appeal. 

(h)  Failure to comply with Commissioner's order.- If a credit services business or any other person fails to comply with any lawful order of the Commissioner pursuant to this subtitle or if any witness fails to appear and testify to any matter regarding which he may be lawfully interrogated, on petition of the Commissioner setting forth the facts, the circuit court of any county shall: 

(1) Compel obedience to the requirements of the subpoena or order; 

(2) Compel the production of contracts, forms, files, and other evidence; and 

(3) Order compliance with any lawful order issued by the Commissioner under the provisions of subsection (d) (5) or (6) of this section. 

(i)  Failure to comply with court order.- If the credit services business or any other person fails, refuses, or neglects to comply with the order of the court, the court may punish that person for contempt of court. 

(j)  Applicability of Administrative Procedure Act.- The Administrative Procedure Act, including its provisions for judicial review of a final decision in a contested case, applies to proceedings before the Commissioner pursuant to this subtitle. 
 

[1987, ch. 469; 1988, ch. 6, § 1; 1991, ch. 628; 2005, ch. 25, § 13.]