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<section article="gcl" article_name="Commercial Law" number="14-1911" title_number="14" title_name="Miscellaneous Consumer Protection Provisions" subtitle_number="19" subtitle_name="Maryland Credit Services Businesses Act">
  <level label="a">
    <text>Any consumer who has reason to believe that this subtitle has been violated by any credit services business or by any other person may file a written complaint setting forth the details of the alleged violation with the Commissioner.</text>
  </level>
  <level label="b">
    <text>After receiving the complaint, the Commissioner may inspect the pertinent books, records, letters and contracts of any credit services business, and of any person who has furnished information to the credit services business relating to the specific written complaint.</text>
  </level>
  <level label="c">
    <text>The Commissioner may investigate the complaint and hold a hearing in accordance with Title 10, Subtitle 2 of the State Government Article.</text>
  </level>
  <level label="d">
    <text>The Commissioner may:</text>
    <level label="1">
      <text>Hold a hearing on the complaint at a time and place in this State reasonably convenient to the parties involved;</text>
    </level>
    <level label="2">
      <text>Subpoena witnesses;</text>
    </level>
    <level label="3">
      <text>Take depositions of witnesses residing without the State, in the manner provided for witnesses in civil actions in courts of record;</text>
    </level>
    <level label="4">
      <text>Administer oaths;</text>
    </level>
    <level label="5">
      <text>Issue orders for compliance with this subtitle; and</text>
    </level>
    <level label="6">
      <text>Issue cease and desist orders, after finding a pattern and practice of violation of this subtitle.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>The Commissioner shall give to the credit services business, or the salesperson, agent, representative, or independent contractor acting on behalf of the credit services business against whom a complaint is filed, written notice of the complaint and the time and place of any hearing.</text>
    </level>
    <level label="2">
      <text>The notice shall:</text>
      <level label="i">
        <text>Be in writing; and</text>
      </level>
      <level label="ii">
        <text>Be sent by certified mail, to the principal place of business of the credit services business or the principal place of business or residence address of the salesperson, agent, representative, or independent contractor acting on behalf of the credit services business, at least 10 days prior to the date of the hearing.</text>
      </level>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>If, after the hearing, the Commissioner finds that the credit services business, or the salesperson, agent, representative, or independent contractor acting on behalf of the credit services business, has engaged or is engaging in any act or practice prohibited by this subtitle, the Commissioner shall order the credit services business or the person or both to cease and desist from the act or practice and may order that restitution be paid to an aggrieved consumer.</text>
    </level>
    <level label="2">
      <text>The order of the Commissioner shall comply with the Administrative Procedure Act.</text>
    </level>
  </level>
  <level label="g">
    <level label="1">
      <text>If an appeal is not filed, the order of the Commissioner becomes final after expiration of the time allowed by the Administrative Procedure Act for appeals from the Commissioner’s orders.</text>
    </level>
    <level label="2">
      <text>If an appeal is filed, the order of the Commissioner becomes final after a final decision of a court affirming the order or dismissing the appeal.</text>
    </level>
  </level>
  <level label="h">
    <text>If a credit services business or any other person fails to comply with any lawful order of the Commissioner pursuant to this subtitle or if any witness fails to appear and testify to any matter regarding which he may be lawfully interrogated, on petition of the Commissioner setting forth the facts, the circuit court of any county shall:</text>
    <level label="1">
      <text>Compel obedience to the requirements of the subpoena or order;</text>
    </level>
    <level label="2">
      <text>Compel the production of contracts, forms, files, and other evidence; and</text>
    </level>
    <level label="3">
      <text>Order compliance with any lawful order issued by the Commissioner under the provisions of subsection (d)(5) or (6) of this section.</text>
    </level>
  </level>
  <level label="i">
    <text>If the credit services business or any other person fails, refuses, or neglects to comply with the order of the court, the court may punish that person for contempt of court.</text>
  </level>
  <level label="j">
    <text>The Administrative Procedure Act, including its provisions for judicial review of a final decision in a contested case, applies to proceedings before the Commissioner pursuant to this subtitle.</text>
  </level>
</section>
