Maryland Code, BUSINESS REGULATION 9A-206
Terms Used In Maryland Code, BUSINESS REGULATION 9A-206
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- County: means a county of the State or Baltimore City. See
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) On receipt of the results of an investigation made under this section, the Board promptly shall take action that is appropriate under this title to ensure compliance with this title.
(c) (1) If the Board concludes that any conduct alleged to be in violation of this title will result in harm to any citizen of the State, the Board may seek a permanent or temporary injunction with respect to the conduct from the circuit court of any county in which the alleged violation occurs, or in which the violator has its principal place of business.
(2) In seeking an injunction under this subsection, the Board is not required to:
(i) post bond;
(ii) allege or prove that an adequate remedy at law does not exist; or
(iii) allege or prove that substantial or irreparable damage would result from the continued violation of the provision.
(d) (1) Any 5 members of the Board, or a hearing officer designated by the Board, may administer oaths, hold hearings, and take testimony about all matters within the jurisdiction of the Board.
(2) The Board, or its designee, may take testimony of any person by deposition in the same manner as in judicial proceedings in State civil cases.
(3) Any party to any hearing before the Board has the right to attendance of witnesses, after making a request to the Board and designating the person sought to be subpoenaed.
(4) A member of the Board may not be held personally liable for any action taken under this section.
(e) (1) The Board or its designee may issue a subpoena.
(2) The Police Department of Baltimore City or the sheriff of a county shall serve a subpoena issued under this subsection.
(3) If a person fails to comply with a subpoena issued under this subsection, on petition of the Board, a court of competent jurisdiction may compel compliance with the subpoena.
(f) (1) Subject to the notice and hearing provisions of Title 10, Subtitle 2 of the State Government Article, the Board may issue a cease and desist order for a violation of any provision of this title or a regulation adopted under this title.
(2) After a hearing, if the Board finds that a person has violated this title or a regulation adopted under this title, the Board may order the person to cease and desist from the violation and any further similar violations.
(3) Any party aggrieved by a decision and order of the Board under this subsection may take an appeal as provided under §§ 10-222 and 10-223 of the State Government Article.