§ 17-209. Enforcement powers

   (a) In general. --

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

   (2) In connection with any disciplinary action under Subtitle 3 of this title or any investigation or proceeding brought for an alleged violation of this title, the Commission, a hearing board, the executive director of the Commission, or the assistant director of 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; and

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

   (3) 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; or

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

(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 brokerage services.

   (2) A complaint shall:

      (i) be in writing;

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

      (iii) be filed with 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.

HISTORY: An. Code 1957, art. 56A, § 4-209; 1989, ch. 3, § 1; 1993, ch. 92; 1994, ch. 3, § 13; 2005, ch. 192.