Section 17-209 - Enforcement powers.
§ 17-209. Enforcement powers.
(a) In general.-
(1) The Commission shall administer and enforce the provisions of this title.
(2) In connection with any disciplinary action under Subtitle 3 of this title or any investigation or proceeding brought for an alleged violation of this title, the Commission, a hearing board, the executive director of the Commission, or the assistant director of the Commission may:
(i) hold hearings;
(ii) administer oaths;
(iii) issue a subpoena for the attendance of a witness to testify or the production of evidence; and
(iv) take depositions in the same manner as provided in civil cases in the State.
(3) If a person fails to comply with a subpoena issued under this subsection, on petition of the Commission or another party, a circuit court may compel compliance with the subpoena.
(b) Injunctive power.-
(1) If the Commission concludes that conduct alleged to be a violation of any provision of this title may result in irreparable harm to a person, the Commission may sue to enforce a provision of this title by ex parte, interlocutory, or final injunction.
(2) In seeking an injunction under this subsection, the Commission is not required to:
(i) post bond, if the injunction is sought against a person who does not hold a license issued under this title; or
(ii) allege or prove that an adequate remedy at law does not exist.
(c) Investigative power.-
(1) Subject to the provisions of this section, the Commission shall conduct an investigation that relates to any complaint alleging that an unauthorized person has provided real estate brokerage services.
(2) A complaint shall:
(i) be in writing;
(ii) state specifically the facts on which the complaint is based; and
(iii) be filed with the Commission.
(3) If a complaint is made by any person other than a member of the Commission, the complaint shall be made under oath by the person who submits the complaint.
[An. Code 1957, art. 56A, § 4-209; 1989, ch. 3, § 1; 1993, ch. 92; 1994, ch. 3, § 13; 2005, ch. 192.]