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<section article="gbr" article_name="Business Regulation" number="14-119" title_number="14" title_name="Business Opportunities, Franchises, and Multilevel Distribution Companies" subtitle_number="1" subtitle_name="Business Opportunities">
  <level label="a">
    <text>The Commissioner may pass an order denying effectiveness to, or suspending or revoking the effectiveness of, any registration if the Commissioner finds that the order is in the public interest and that:</text>
    <level label="1">
      <level label="i">
        <text>the registration as of its effective date, or as of any earlier date in the case of an order denying effectiveness, is incomplete in any material respect or contains any statement made that was, in light of the circumstances under which it was made, false or misleading with respect to any material fact;</text>
      </level>
      <level label="ii">
        <text>an amendment as of its effective date is incomplete in any material respect or contains any statement made that was, in light of the circumstances under which it was made, false or misleading with respect to any material fact; or</text>
      </level>
      <level label="iii">
        <text>a report is incomplete in any material respect or contains any statement made that was, in light of the circumstances under which it was made, false or misleading with respect to any material fact;</text>
      </level>
    </level>
    <level label="2">
      <text>any provision of this subtitle or any order or condition lawfully imposed under this subtitle has been violated, in connection with the business opportunity by:</text>
      <level label="i">
        <text>the person filing the registration;</text>
      </level>
      <level label="ii">
        <text>a seller, any partner, officer, or director of the seller, or any person occupying a similar status or performing similar functions as the seller; or</text>
      </level>
      <level label="iii">
        <text>a person that directly or indirectly controls or is controlled by the seller if the person filing the registration is directly or indirectly controlled by or acting for the seller;</text>
      </level>
    </level>
    <level label="3">
      <text>except as provided in paragraph (4) of this subsection, the business opportunity registered or sought to be registered is the subject of an order denying, suspending, or revoking a registration or a permanent or temporary injunction of any court of competent jurisdiction;</text>
    </level>
    <level label="4">
      <text>the seller’s enterprise or method of business, or that of the business opportunity, includes or would include activities that are illegal where performed;</text>
    </level>
    <level label="5">
      <text>the business opportunity or the offering of a business opportunity has worked or tended to work a fraud upon purchasers or would so operate;</text>
    </level>
    <level label="6">
      <text>there has been a failure to file any documents or information required by § 14-113.1 of this subtitle; or</text>
    </level>
    <level label="7">
      <text>the seller’s literature or advertising is misleading, incorrect, incomplete, or deceptive.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>The Commissioner may enter a denial order if the Commissioner finds that the order is in the public interest and the seller has failed to pay the proper registration fee.</text>
    </level>
    <level label="2">
      <text>The Commissioner shall vacate any such order when the deficiency has been corrected.</text>
    </level>
  </level>
  <level label="c">
    <text>The Commissioner may not:</text>
    <level label="1">
      <text>institute a proceeding against an effective registration under subsection (a)(3) of this section more than 1 year after the date of the order or injunction relied on; or</text>
    </level>
    <level label="2">
      <text>pass an order under subsection (a)(3) of this section on the basis of an order or injunction entered under any other state act unless that order or injunction was based on facts which would currently constitute grounds for an order under this section.</text>
    </level>
  </level>
  <level label="d">
    <text>By order, the Commissioner summarily may postpone or suspend the effectiveness of the registration pending final determination of any proceeding under this section.</text>
  </level>
  <level label="e">
    <text>Upon the entry of the order, the Commissioner shall promptly notify the seller:</text>
    <level label="1">
      <text>that the order has been entered;</text>
    </level>
    <level label="2">
      <text>the basis for the order; and</text>
    </level>
    <level label="3">
      <text>that within 15 days after the day on which the Commissioner receives a written request by the seller, the matter will be set down for a hearing.</text>
    </level>
  </level>
  <level label="f">
    <text>If the seller fails to request a hearing and the Commissioner fails to order a hearing, the order shall remain in effect until the Commissioner modifies or vacates the order.</text>
  </level>
  <level label="g">
    <text>If the seller requests a hearing or the Commissioner orders a hearing, the Commissioner, after providing notice of an opportunity for hearing to the seller, may modify or vacate the order or extend it until final determination.</text>
  </level>
  <level label="h">
    <text>The Commissioner may not enter an order described under subsection (b) of this section without first providing to the seller notice in accordance with subsection (e) of this section, an opportunity for hearing, and written findings of fact and conclusions of law.</text>
  </level>
  <level label="i">
    <text>If the Commissioner finds that the conditions which prompted its entry have changed or that it is otherwise in the public interest, the Commissioner may vacate or modify an order passed under this section.</text>
  </level>
</section>
