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(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costs, which was derived from 1872 L.M.C., ch. 11, § 1; 1996 L.M.C., ch. 13, § 1 and 2005 L.M.C., ch. 26, § 1, was repealed by 2006 L.M.C., ch. 7, § 1.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a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.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.)
(a) A person who violates this Chapter is subject to a civil penalty under Section 11-10 of not more than $1,000 for each violation or the penalty for a Class A violation. If the violation is enforced as a Class A civil violation, the maximum penalty is $1,000 rather than the penalty set under Section 1-19.
(b) The Director may bring an action in any court with jurisdiction to recover a civil penalty, enjoin any violation of this Chapter, or enforce any order, decision, summons or subpoena issued under this Chapter.
(c) In any action the Director brings to enforce this Chapter, the Director may seek damages, restitution, the posting of a bond, or any other available legal or equitable relief. (1972 L.M.C., ch. 11, § 1; 1983 L.M.C., ch. 22, § 16; 1983 L.M.C., ch. 41, § 1; CY 1991 L.M.C., ch. 18, § 2; 2006 L.M.C., ch. 7, § 1.)
Editor’s note— The above section (formerly Sec. 11-9) is discussed in Fosler v. Panoramic Design, Ltd., 376 Md. 118, 829 A.2d 271 (2003).
Section 11-11, formerly Sec. 11-9, was renumbered, retitled, and amended by 2006 L.M.C., ch. 7, § 1.