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§ 9A-206. Investigation; injunction

West's Annotated Code of MarylandBusiness RegulationEffective: October 1, 2015

West's Annotated Code of Maryland
Business Regulation (Refs & Annos)
Title 9a. Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors (Refs & Annos)
Subtitle 2. State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors (Refs & Annos)
Effective: October 1, 2015
MD Code, Business Regulation, § 9A-206
§ 9A-206. Investigation; injunction
(a) The Board may investigate any complaint that alleges facts that constitute a violation of this title.
(b) On receipt of the results of an investigation made under this section, the Board promptly shall take action that is appropriate under this title to ensure compliance with this title.
(c)(1) If the Board concludes that any conduct alleged to be in violation of this title will result in harm to any citizen of the State, the Board may seek a permanent or temporary injunction with respect to the conduct from the circuit court of any county in which the alleged violation occurs, or in which the violator has its principal place of business.
(2) In seeking an injunction under this subsection, the Board is not required to:
(i) post bond;
(ii) allege or prove that an adequate remedy at law does not exist; or
(iii) allege or prove that substantial or irreparable damage would result from the continued violation of the provision.
(d)(1) Any 5 members of the Board, or a hearing officer designated by the Board, may administer oaths, hold hearings, and take testimony about all matters within the jurisdiction of the Board.
(2) The Board, or its designee, may take testimony of any person by deposition in the same manner as in judicial proceedings in State civil cases.
(3) Any party to any hearing before the Board has the right to attendance of witnesses, after making a request to the Board and designating the person sought to be subpoenaed.
(4) A member of the Board may not be held personally liable for any action taken under this section.
(e)(1) The Board or its designee may issue a subpoena.
(2) The Police Department of Baltimore City or the sheriff of a county shall serve a subpoena issued under this subsection.
(3) If a person fails to comply with a subpoena issued under this subsection, on petition of the Board, a court of competent jurisdiction may compel compliance with the subpoena.
(f)(1) Subject to the notice and hearing provisions of Title 10, Subtitle 2 of the State Government Article, the Board may issue a cease and desist order for a violation of any provision of this title or a regulation adopted under this title.
(2) After a hearing, if the Board finds that a person has violated this title or a regulation adopted under this title, the Board may order the person to cease and desist from the violation and any further similar violations.
(3) Any party aggrieved by a decision and order of the Board under this subsection may take an appeal as provided under §§ 10-222 and 10-223 of the State Government Article.

Credits

Acts 1992, c. 649. Amended by Acts 2015, c. 203, § 1, eff. Oct. 1, 2015.
MD Code, Business Regulation, § 9A-206, MD BUS REG § 9A-206
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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