(a) Except as provided in subsection (c) of this section, during a state of emergency, in the geographic area covered by the state of emergency declaration, a person may not sell or offer to sell goods or services designated as essential by the Governor for a price of 15% or more above the highest price at which the person made actual sales or rentals of those essential goods or services between: (1) 60 days before the state of emergency declaration; and (2) 4 days before the state of emergency. (b) Except as provided in subsection (c) of this section, during a state of emergency and for the 90 days following the end of the state of emergency, a person may not sell or offer to sell repair or reconstruction services used for emergency cleanup for a price of 15% or more above the average price charged by the person for those services during the 30 days before the state of emergency. (c) A person may increase a price by 15% or more for goods and services if the person can prove that: (1) the price increase is directly attributable to additional costs imposed on the person by the supplier of goods, including replacement costs, costs of credit, and credit card processing costs; (2) the price increase is directly attributable to additional costs for labor or materials used to provide the service or produce the goods, including costs to repair any damage relating to the state of emergency; or (3) the price increase is consistent with seasonal prices charged by the person based on historical data showing prices charged during the season over the past 3 years. (d) At least 20 days before an action is filed under § 14-1303 of this subtitle, the Office of the Attorney General shall provide a person whose actions may be in violation of this section notice of the general relief sought by the Office of the Attorney General to give the person an opportunity to present evidence that the price increase was in accordance with subsection (c) of this section.
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