(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(4) Unless there is a timely hearing, the cease and desist order is rescinded.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.
Structure Maryland Statutes
Title 14 - Business Opportunities, Franchises, and Multilevel Distribution Companies
Section 14-202 - Legislative Policy
Section 14-203 - Scope of Subtitle
Section 14-204 - Subtitle in Addition to Other Law
Section 14-207 - Publication of Information
Section 14-208 - Investigations
Section 14-209 - Interpretive Opinions
Section 14-210 - Civil Enforcement of Subtitle
Section 14-211 - Criminal Proceedings Authorized
Section 14-212 - Miscellaneous Powers
Section 14-213 - Privilege Against Self-Incrimination
Section 14-214 - Registration Required; Exemptions
Section 14-215 - Applications for Registration
Section 14-217 - Escrow Requirements
Section 14-218 - Issuance and Effective Date of Registration
Section 14-219 - Term and Renewal of Registration
Section 14-220 - Amendments to Registration
Section 14-221 - Grounds for Issuing Stop Order
Section 14-222 - Notice; Hearing; Vacating or Modifying Stop Order
Section 14-223 - Copies of Documents to Franchisees
Section 14-224 - Records Required
Section 14-225 - Advertisements Offering Franchises
Section 14-226 - Release From Liability as Condition of Sale
Section 14-227 - Civil Liability
Section 14-228 - Offer or Sale of Franchise Without Registration
Section 14-229 - Fraud or Deceit; Untrue Statements or Omissions of Material Fact
Section 14-230 - False or Misleading Statement or Omission in Prospectus or Amendment
Section 14-232 - Failure to Notify Commissioner of Material Change