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§ 12-306. Record inspection

West's Annotated Code of MarylandBusiness RegulationEffective: March 14, 2016

West's Annotated Code of Maryland
Business Regulation (Refs & Annos)
Title 12. Secondhand Precious Metal Object Dealers and Pawnbrokers (Refs & Annos)
Subtitle 3. Precious Metal Objects--Records; Holding Period; Inspection (Refs & Annos)
Effective: March 14, 2016
MD Code, Business Regulation, § 12-306
§ 12-306. Record inspection
Currentness
(a) A dealer shall allow an authorized law enforcement officer or agent, on request, to enter the place of business or storage premises of the dealer during business hours to inspect a record required to be maintained under this title or precious metal object as part of a stolen property investigation or an investigation of a violation of this title.
(b)(1) On request of the dealer, the officer or agent shall make the inspection in the presence of the dealer or an agent of the dealer.
(2) If the dealer refuses to allow access or produce the record or precious metal object for inspection, the officer or agent shall seek a search warrant.
(3) A warrant authorizing an administrative inspection for possible regulatory violations shall be issued if the officer or agent establishes probable cause for the selection of the place of business in question for inspection and that the inspection will be reasonably limited in time, place, and scope.
(c) A dealer who refuses to allow access or to produce records or precious metal objects for inspection on request, shall be subject to the provisions of § 12-209 of this title and, in addition, may be assessed a civil penalty as provided in subsection (d) of this section.
(d)(1) The Secretary may impose on a licensee who violates this section a civil penalty not exceeding $500 for each violation.
(2) In setting the amount of a civil penalty under this subsection, the Secretary shall consider:
(i) the seriousness of the violation;
(ii) the good faith of the violator;
(iii) any previous violations;
(iv) the harmful effect of the violation on the complainant, the public, and the business of the dealer or pawnbroker; and
(v) any other relevant factors.

Credits

Added by Acts 1992, c. 4, § 2. Amended by Acts 1997, c. 227, § 1, eff. Oct. 1, 1997; Acts 2016, c. 8, § 1, eff. March 14, 2016.
Formerly Art. 56, § 422.
MD Code, Business Regulation, § 12-306, MD BUS REG § 12-306
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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