Md. Code Regs. 02.02.06.08

Current through Register Vol. 51, No. 12, June 14, 2024

Section 02.02.06.08 - Notice of Hearing

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.

Md. Code Regs. 02.02.06.08