Maryland Code § BR-14-210

Section BR-14-210
Open in Lexace · Ask the AI about this section
(a) (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rescinded.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) (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) The Commissioner may not exercise a power under this section more
than 3 years after the violation occurs.

‹ Prev All Maryland sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.