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This chapter does not apply to:
(a) other than practicing or acting without a license, professional services rendered by any certified public accountants, architects, clergymen, professional engineers, lawyers, veterinarians, insurance agents and brokers licensed by the state, Christian Science practitioners, land surveyors and property line surveyors, optometrists, physical therapists, podiatrists, psychologists, and medical and dental practitioners, engaging in their respective professional activities;
(b) any television or radio broadcasting station or any publisher or printer of a newspaper, magazine, or other form of printed advertising who broadcasts, publishes, or prints an advertisement which violates this Chapter, except insofar as the station or publisher or printer engages in a deceptive or unconscionable practice in the sale or offering for sale of its own goods or services or knows that the advertising violates this Chapter;
(c) public utility companies to the extent that the company’s services and operations are regulated by the state Public Service Commission;
(d) defective tenancies or other complaints concerning any condition in rental housing which arises out of a landlord-tenant relationship and constitutes a violation of Chapter 29; and
(e) the sale of real estate, directly or indirectly, by any owner-occupant of the real estate, except as provided in Section 40-14. (1972 L.M.C., ch. 11, § 1; 1974 L.M.C., ch. 13, § 3; 2006 L.M.C., ch. 7, § 1; 2007 L.M.C., ch. 22, § 2.)
Editor's note—In Holiday Universal, Inc. v. Montgomery County, 377 Md. 305, 833 A.2d 518 (2003), the Court held that Montg. Co. Code § 11-4A did not meet the requirements for a local law and, therefore, was invalid. The above section is discussed in Fosler v. Panoramic Design, Ltd., 376 Md. 118, 829 A.2d 271 (2003).
(b) Complaint. Any consumer or domestic worker may file a written complaint with the Director.
(c) Contents. A complaint should state the name and address of the person alleged to have committed a violation of this Chapter, describe the violation, and provide any other information that the Office requires. However, the Director may act on a complaint that is not complete. The Director may investigate any violation of and enforce this Chapter without receiving a complaint.
(d) Referral to Department of Housing and Community Affairs. The Director must refer a complaint from a domestic worker alleging living accommodations that do not comply with Section 11-4B(d) to the Department of Housing and Community Affairs for investigation and enforcement.
(e) Referral to the Office of Human Rights. The Director must refer a complaint from a domestic worker alleging a discriminatory employment practice to the Office of Human Rights.
(f) Referral to the Commission for Women. The Director may refer a domestic worker to the Commission for Women Counseling and Career Center for additional assistance if the Director determines that the services offered there would benefit the worker. (1972 L.M.C., ch. 11, § 1; 1993 L.M.C., ch. 25, § 1; 1996 L.M.C., ch. 13, § 1; 2006 L.M.C., ch. 7, § 1; 2008 L.M.C., ch. 27, § 2.)
Editor’s note—The above
section is discussed in Fosler v. Panoramic Design, Ltd., 376 Md. 118, 829 A.2d 271 (2003).
2005 L.M.C., ch. 26, §§ 2 and 3, state:
Sec. 2. Regulations. A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.
Sec. 3. Transition. This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect. Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.
A consumer who is concerned about a potentially discriminatory, predatory, or abusive lending practice in the County may file a written request for assistance with the Officer of Consumer Protection.
(a) Within 20 business days after receiving a written request with all supporting documentation, the Office must review the request.
(b) Upon reviewing the request, the Office must either:
(i) advise the consumer to file a complaint with the Office if a potential violation of Chapter 11 or Chapter 27 exists;
(ii) assist the consumer in filing a complaint with the appropriate government office or agency that has jurisdiction; or
(iii) provide the consumer with information, education, counseling, or a referral to an appropriate outside agency, group, or organization.
(c) The Office, in assisting a consumer with filing a complaint, may consult with any appropriate federal, state, county, or quasi-governmental office or agency. If the Office assists a consumer in filing a complaint with another agency, the Office must contact the appropriate agency within 45 business days after the referral to determine the status of the complaint, and must forward this information to the consumer.
(d) The Office, in conducting activities to identify and educate consumers about discriminatory, predatory, or abusive lending practices, may work with non-government organizations. (2005 L.M.C., ch. 29, § 3.)
*Editor’s note—Section 11-6A was added by 2005 L.M.C., ch. 29, § 3 (Bill 36-04). However, in American Financial Services, et. al. v. Montgomery County, (Civil Action No. 269105), the Court declared Bill 36- 04 “null and void” by order dated 11/30/06.
(a) The Director must enforce this Chapter, and may:
(1) investigate a violation or a complaint;
(2) refer a complaint or a violation to any federal, state, or local agency with jurisdiction over the complaint;
(3) refer a complaint or a violation to a hearing officer under Section 11-10;
(4) pursue an enforcement action under Section 11-11; or
(5) attempt to conciliate a matter with the parties.
(b) The Director must attempt to conciliate a matter before taking enforcement action. However, when the Director finds that any violation is causing or will cause immediate, substantial, and irreparable injury, or it is otherwise in the public interest, the Director may take immediate enforcement action without first attempting conciliation, including issuing a cease and desist order.
(c) This Section does not prevent any person from exercising any right or seeking any remedy to which that person is otherwise entitled, or from filing any complaint with any other agency or court.
(d) This Section does not prevent the Director from following a different procedure or pursuing a different enforcement action during or after an investigation when the Director finds that doing so will serve the public interest.
(e) The Director may seek the cooperation of any licensing authority and contracting department in County government. (1972 L.M.C., ch. 11, § 1; 1974 L.M.C., ch. 13, § 4; 1993 L.M.C., ch. 25, § 1; 1996 L.M.C., ch. 13, § 1; 2005 L.M.C., ch. 24, § 1; 2005 L.M.C., ch. 26, § 1; 2006 L.M.C., ch. 7, § 1.)
Editor's note— The above section is discussed in Fosler v. Panoramic Design, Ltd., 376 Md. 118, 829 A.2d 271 (2003).
2005 L.M.C., ch. 26, §§ 2 and 3, state:
Sec. 2. Regulations. A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.
Sec. 3. Transition. This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect. Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.
(a) When conciliating a matter, the Director may use the services of any member of the Advisory Committee on Consumer Protection.
(b) The parties may incorporate the terms of a conciliation into a settlement agreement. A settlement agreement does not constitute an admission by any party that any law has been violated. The Director may sign a settlement agreement on behalf of the Office.
(c) Any settlement agreement may require a party to pay the costs of the Office’s investigation and related activities and restitution to a consumer of money, property, or any other thing received in apparent violation of this Chapter. A settlement agreement must not preclude the Office from using any other remedy to correct a violation of this Chapter.
(d) Each signatory must adhere to any settlement agreement. Any failure by the Office or another party to pursue a violation of any settlement agreement does not waive any provision of the agreement or any right of the Office under the agreement or this Chapter.
(e) The Director may enforce a violation of a settlement agreement under Section 11-11 as if it is a violation of this Chapter. (2006 L.M.C., ch. 7, § 1; 2006 L.M.C., ch. 33, § 1.)
Editor’s note—Former Sec. 11-8, costs, which was derived from 1872 L.M.C., ch. 11, § 1; 1996 L.M.C., ch. 13, § 1 and 2005 L.M.C., ch. 26, § 1, was repealed by 2006 L.M.C., ch. 7, § 1. That section is discussed in Fosler v. Panoramic Design, Ltd., 376 Md. 118, 829 A.2d 271 (2003).
(a) If any person does not comply with any summons or subpoena issued under this Chapter, the County may enforce the summons or subpoena by appropriate legal action.
(b) Any court with jurisdiction may grant injunctive or other appropriate relief to enforce a summons or subpoena.
(c) A person must comply with any summons or subpoena issued under this Chapter. (1976 L.M.C., ch. 28, § 1; 1996 L.M.C., ch. 13, § 1; 2005 L.M.C., ch. 26, § 1; 2006 L.M.C., ch. 7, § 1.)
Editor's note—
The above section (formerly Sec. 11-7A) is discussed in Fosler v. Panoramic Design, Ltd., 376 Md. 118, 829 A.2d 271 (2003).
2005 L.M.C., ch. 26, §§ 2 and 3, state:
Sec. 2. Regulations. A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.
Sec. 3. Transition. This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect. Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.
Section 11-9, formerly Sec. 11-7A, was renumbered and amended by 2006 L.M.C., ch. 7, § 1.
Editor's note—Former Sec. 11-9A, relating to the applicability of this chapter within incorporated municipalities, derived from 1974 L.M.C., ch. 6, § 1, was repealed by 1985 L.M.C., ch. 31, § 9. See § 2-96.
(a) The Director may refer a complaint or a violation to a hearing officer designated by the Chief Administrative Officer for an administrative hearing.
(b) If the Director refers a complaint or violation to a hearing officer, the Director must prepare a statement of charges that summarizes:
(1) the nature of the alleged violation, and the approximate date the violation was committed;
(2) the provision of this Chapter alleged to be violated; and
(3) the right of the respondent to be represented by counsel and present witnesses and evidence pertinent to the charges.
(c) The Director must serve the statement of charges and a notice of the time and place of a hearing on the person who is alleged to have violated this Chapter and notify any complainant or other interested person of the time and place of the hearing.
(d) The Director may use any of the following methods to serve or notify a person under this Chapter:
(1) personal service;
(2) regular or certified mail, postage prepaid, addressed to the last-known residential or business address of the respondent; regular mail is presumed to be served 3 days after mailing;
(3) posting a notice in a conspicuous place at the respondent’s residence or place of business; or
(4) publication in a newspaper of general circulation in the County once a week for 3 successive weeks if no address can be found for a party after a diligent search or if the hearing officer determines that the person is avoiding receiving notice.
(e) Unless otherwise provided in this Section, Article 1 of Chapter 2A governs any proceeding held under this Section.
(f) If a person notified of the hearing does not appear at the hearing, the hearing officer may proceed with the hearing and dismiss the charges, enter a default judgment, or issue another appropriate order, including an order directing the person who has not appeared to take or refrain from taking certain actions.
(g) In addition to the requirements of Section 2A-10, if the hearing officer finds by a preponderance of the evidence that a person has violated this Chapter, the hearing officer may order the violator to:
(1) stop committing the violation;
(2) restore money or property;
(3) pay any costs of investigation or related activities of the Department;
(4) post a performance bond or other security;
(5) pay a civil penalty authorized under Section 11-11; or
(6) take any other action that would:
(A) assist the public in obtaining relief; or
(B) prevent future violations.
(h) When a violator is ordered to post a performance bond or other security, in setting the amount of security to be posted the hearing officer should consider:
(1) the nature of the violation;
(2) the amount of money, property, or any other thing received from a consumer in connection with the violation;
(3) whether full restitution has been paid to each affected consumer; and
(4) the risk of future harm to other consumers.
(i) If the hearing officer imposes a civil penalty, the hearing officer should consider:
(1) the severity of the violation;
(2) the severity of any harm to the consumer;
(3) the motives of the violator;
(4) any previous violations by the same person or entity;
(5) whether the penalty will deter future misconduct; and
(6) whether a stop order or restitution would sufficiently protect consumers.
(j) Every person must comply with each order or decision issued by a hearing officer under this Section.
(k) The Director may enforce an order or decision of a hearing officer by taking any appropriate legal action. In addition, the Director may enforce any violation of a decision or order under Section 11-11. (2006 L.M.C., ch. 7, § 1; 2006 L.M.C., ch. 33, § 1.)
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