Md. Code Ann., Bus. Occ. & Prof. § 17-209
Powers and duties of Commission
Effective Oct 1, 2005Added as Business Occupations and Professions § 16-209 by Acts 1989, c. 3, § 1, eff. Oct. 1, 1990. Amended by Acts 1993, c. 92, § 1, eff. Oct. 1, 1993. Renumbered as Business Occupations and Professions § 17-209 by Acts 1994, c. 3, § 13, eff. Feb. 28, 1994. Amended by Acts 2005, c. 192, § 1, eff. Oct. 1, 2005.State of Maryland
(a)
- (1) The Commission shall administer and enforce the provisions of this title.
(2) In connection with any disciplinary action under Subtitle 3 of this title or any investigation or proceeding brought for an alleged violation of this title, the Commission, a hearing board, the executive director of the Commission, or the assistant director of the Commission may:
- (i) hold hearings;
- (ii) administer oaths;
- (iii) issue a subpoena for the attendance of a witness to testify or the production of evidence; and
- (iv) take depositions in the same manner as provided in civil cases in the State.
- (3) If a person fails to comply with a subpoena issued under this subsection, on petition of the Commission or another party, a circuit court may compel compliance with the subpoena.
(b)
- (1) If the Commission concludes that conduct alleged to be a violation of any provision of this title may result in irreparable harm to a person, the Commission may sue to enforce a provision of this title by ex parte, interlocutory, or final injunction.
(2) In seeking an injunction under this subsection, the Commission is not required to:
- (i) post bond, if the injunction is sought against a person who does not hold a license issued under this title; or
- (ii) allege or prove that an adequate remedy at law does not exist.
(c)
- (1) Subject to the provisions of this section, the Commission shall conduct an investigation that relates to any complaint alleging that an unauthorized person has provided real estate brokerage services.
(2) A complaint shall:
- (i) be in writing;
- (ii) state specifically the facts on which the complaint is based; and
- (iii) be filed with the Commission.
- (3) If a complaint is made by any person other than a member of the Commission, the complaint shall be made under oath by the person who submits the complaint.
Added as Business Occupations and Professions § 16-209 by Acts 1989, c. 3, § 1, eff. Oct. 1, 1990. Amended by Acts 1993, c. 92, § 1, eff. Oct. 1, 1993. Renumbered as Business Occupations and Professions § 17-209 by Acts 1994, c. 3, § 13, eff. Feb. 28, 1994. Amended by Acts 2005, c. 192, § 1, eff. Oct. 1, 2005.
Formerly Art. 56A, § 4-209.