Any person may file a written complaint with the Department alleging that a business is:operating without a license; operating with improper licensure; violating the terms of a business license; or engaging in unfair, abusive, or deceptive trade practices against consumers. A complaint filed under this subsection must be in the form required by the Director. The Director may issue a written complaint alleging that a business is committing or has committed 1 or more of the acts described under § 42-28(a) {“Investigation procedures: Initiation of investigation”}.

Upon receipt or issuance of a complaint, the Department must, via regular mail, send a copy of the complaint to the business named in the complaint. The business named in the complaint shall be the respondent. For a complaint filed under § 42-26(a) {“Commencement of action: On complaint of other”} of this subtitle, the Director must redact from the copy sent to the respondent:the complainant’s name; and to the fullest extent possible, any other information that might identify the complainant.

The Department shall investigate a complaint alleging that a business is:operating without a license; operating with improper licensure; or violating the terms of a business license; or engaging in unfair, abusive, or deceptive trade practices. If a complaint is not within the jurisdiction of the Department under subsection (a) of this section, the Department shall dismiss the complaint and, if appropriate, refer the complaint to another entity with jurisdiction over the matter. If a complaint is dismissed under this subsection, the Department shall promptly notify the complainant and respondent. Upon receipt or issuance of a complaint, the Department shall promptly investigate the complaint. In the course of an investigation, the Department may issue a subpoena to require any person to:produce information, documents, reports, records, accounts, or any other evidence related to the allegations in the complaint; and appear under oath to give testimony related to the allegations in the complaint. The Director may administer oaths as permitted under this section. The Department shall prepare a written report of findings as soon as practicable after the conclusion of the investigation.

If the Director determines that the report of findings contains information tending to substantiate an allegation in the complaint, the Director may, as appropriate for the nature of the offense and subject to other applicable law, take 1 or more of the following actions:refer the complaint for a hearing before the Board; issue a civil citation; issue an environmental citation; provide the respondent with the opportunity to remedy the behavior at issue in the complaint; and pursue any other legal or equitable relief or enforcement available under the law. If the Director determines that the report of findings does not contain information that tends to substantiate an allegation in the complaint, the Director shall dismiss the complaint and, if appropriate, refer the complaint to another entity with jurisdiction over the matter. If the Department dismisses a complaint under this subsection, the Director shall promptly notify the complainant and respondent of the dismissal. Before revoking or suspending a license, the Department must provide notice and opportunity for a hearing before the Board, unless otherwise provided by law.

In lieu of any other civil or criminal remedy or enforcement procedure, a person operating a business that is required to be licensed by one of the subtitles listed under § 42-9 of this subtitle may be issued a civil citation for:operating a business without a license; operating a business with an improper license; and operating a business in violation of the terms of a license. The issuance of a citation to enforce the provisions of a business license created in the subtitles listed under § 42-9 of this subtitle does not preclude the City from pursuing any other civil or criminal remedy or enforcement action authorized by law.