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2017 Maryland Code
Corporations and Associations
Title 11 - Maryland Securities Act
Subtitle 7 - Enforcement and Penalties
§ 11-701.1. Actions to be taken by Commissioner
Universal Citation: MD Corp & Assn Code § 11-701.1 (2017)
- (a) Summary orders. -- Whenever the Commissioner determines that a person has engaged or is about to engage in any act or practice constituting a violation of any provision of this title or any rule or order under this title or that a person has knowingly or recklessly provided substantial assistance, is knowingly or recklessly providing substantial assistance, or is about to knowingly or recklessly provide substantial assistance to another person in connection with an act, a practice, or a course of business constituting a violation of this title or a rule adopted or an order issued under this title, and that immediate action against such person is in the public interest, the Commissioner may in his discretion issue, without a prior hearing, a summary order directing such person to cease and desist from engaging in such activity, provided that the summary cease and desist order gives the person:
- (1) Notice of the opportunity for a hearing before the Commissioner to determine whether the summary cease and desist order should be vacated, modified, or entered as final; and
- (2) Notice that the summary cease and desist order will be entered as final if such person does not request a hearing within 15 days of receipt of the summary cease and desist order.
- (b) Final actions. -- Whenever the Commissioner determines after notice and a hearing (unless the right to notice and a hearing is waived) that a person has engaged in any act or practice constituting a violation of any provision of this title or any rule or order under this title or that a person has knowingly or recklessly provided substantial assistance to another person in connection with an act, a practice, or a course of business constituting a violation of this title or a rule adopted or an order issued under this title, the Commissioner may in his discretion and in addition to taking any other action authorized under this title:
- (1) Issue a final cease and desist order against such person;
- (2) Censure such person if such person is registered under this title;
- (3) Bar such person from engaging in the securities business or investment advisory business in this State;
- (4) Issue a penalty order against such person imposing a civil penalty up to the maximum amount of $ 5,000 for any single violation of this title; or
- (5) Take any combination of the actions specified in this subsection.
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