- A. Advance Written Notice. If a respondent requests a hearing, or if the Commissioner otherwise determines that a hearing concerning a summary order or a show cause order is appropriate, the Commissioner shall give the parties reasonable advance written notice of the hearing.
B. Content of Notice. The notice of the hearing shall include:
- (1) The date, time, place, and nature of the hearing;
- (2) The legal basis for the hearing;
- (3) A brief statement of the issues;
- (4) A summary of the rights and restrictions concerning representation set forth in Regulation .09 of this chapter;
- (5) A statement that each respondent may present evidence and may cross-examine witnesses;
- (6) A statement that each respondent may request the issuance of subpoenas in accordance with Regulation .13 of this chapter;
- (7) A copy of the hearing procedures set forth in this chapter;
- (8) A statement that failure by a respondent to appear at the hearing may result in adverse action against that respondent;
- (9) A statement that the parties may agree to the evidence and that a respondent may waive the right to appear at the hearing.
- C. Hearings under the Maryland Franchise Law. If a respondent named in a cease and desist order issued under the Maryland Franchise Law, Business Regulation Article, §14-210, Annotated Code of Maryland, or in a stop order issued under the Maryland Franchise Law, Business Regulation Article, §14-221, Annotated Code of Maryland, submits a written request for a hearing, the Commissioner shall schedule the hearing to begin within 15 business days after the Commissioner receives the request, unless the respondent consents to a later date.
- D. Certain Hearings under the Maryland Securities Act. If a respondent named in a summary order issued pursuant to the Maryland Securities Act, Corporations and Associations Article, §11-413, 11-512, or 11-603, Annotated Code of Maryland, submits a written request for a hearing, the Commissioner shall, within 15 days after receipt of the request, set a date for a hearing.
Authority: Corporations and Associations Article, §11-203;
Business Regulation Article, §§14-106 and 14-206;
State Government Article, §10-206; Annotated Code of Maryland
Effective date: May 23, 1994 (21:10 Md. R. 840)
Regulation .01B amended effective June 15, 1998 (25:12 Md. R. 944)
Regulation .02B amended effective June 15, 1998 (25:12 Md. R. 944)
Regulation .03D adopted effective June 15, 1998 (25:12 Md. R. 944)
Regulation .04A amended effective June 15, 1998 (25:12 Md. R. 944)
Regulation .06A amended and D adopted effective June 15, 1998 (25:12 Md. R. 944)
Regulation .07 amended effective June 15, 1998 (25:12 Md. R. 944)
Regulation .09B, C amended effective June 15, 1998 (25:12 Md. R. 944)
Regulation .16C amended effective June 15, 1998 (25:12 Md. R. 944)
Regulation .23B amended effective June 15, 1998 (25:12 Md. R. 944)
Regulation .24B amended effective June 15, 1998 (25:12 Md. R. 944)