§ 14-210. Civil enforcement of subtitle

   (a) Cease and desist order. --

   (1) Whenever the Commissioner finds that a person has violated or is about to violate this subtitle or a regulation adopted or order passed under it, the Commissioner may order the person to cease and desist from the further offer to sell or sale of the franchise until the offer or sale complies with this subtitle.

   (2) After passage of a cease and desist order, the alleged violator may submit to the Commissioner a written request for a hearing.

   (3) The hearing shall begin:

      (i) within 15 business days after the Commissioner receives the request for a hearing; or

      (ii) at a later date, with the consent of the alleged violator.

   (4) Unless there is a timely hearing, the cease and desist order is rescinded.

(b) Injunction; other powers. --

   (1) Whenever the Commissioner finds that a person has violated or is about to violate this subtitle or a regulation adopted or order passed under it, the Commissioner may sue in the circuit court to enjoin the violation or enforce this subtitle or the regulation or order.

   (2) The court shall:

      (i) determine if a violation of this subtitle has been or is about to be committed; and

      (ii) if so, pass any order the court considers necessary to prevent the violation or remove the effects of the violation and prevent it from continuing or being renewed in the future.

   (3) The court may exercise all equitable powers necessary for this purpose, including:

      (i) injunction;

      (ii) revocation, forfeiture, or suspension of the charter authority or privileges of a business organization operating under the laws of the State;

      (iii) dissolution of a corporation or association organized under the laws of the State;

      (iv) suspension or termination of the right of a corporation or association organized under the laws of another state or country to do business in the State;

      (v) restitution;

      (vi) restraining order;

      (vii) award of damages to be paid by a franchisor or subfranchisor to a person injured by a violation of this subtitle; and

      (viii) appointment of a receiver or conservator.

   (4) The court may not require the Commissioner to post bond.

(c) Time limitation. -- The Commissioner may not exercise a power under this section more than 3 years after the violation occurs.

HISTORY: An. Code 1957, art. 56, § 363; 1992, ch. 4, § 2; ch. 26, § 4.