§ 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.

HISTORY: 1996, ch. 517.