Sec. 02.02.06.08. Notice of Hearing  


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  • 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.