Terms Used In Maryland Code, FINANCIAL INSTITUTIONS 11-413

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • County: means a county of the State or Baltimore City. See
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
  • state: means :

    (1) a state, possession, territory, or commonwealth of the United States; or

    (2) the District of Columbia. See
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
(a) The Commissioner may not examine or audit any licensee or other person except as expressly provided in this section.

(b) (1) If a buyer has reason to believe that any person has violated any provision of this subtitle or of any other law that regulates agreements, the buyer may file with the Commissioner a written complaint that states the details of the alleged violation.

(2) On receipt of the written complaint, the Commissioner may inspect any books, records, letters, and contracts of any licensee, seller, or other person that relate to the complaint.

(c) In investigating a written complaint made under this section, the Commissioner may:

(1) Hold a hearing on the complaint at a time and place in this State that are reasonably convenient to the parties involved;

(2) Subpoena witnesses;

(3) Take depositions of witnesses who reside outside of this State in the same manner as provided for depositions to be taken in civil actions in courts of record;

(4) Pay witnesses the same fees and mileage for their attendance as provided for witnesses in civil actions in courts of record; and

(5) Administer oaths.

(d) (1) If any person fails to comply with an order or subpoena of the Commissioner under this subtitle or to appear as a witness and testify concerning any matter about which the person may be interrogated under this subtitle, the Commissioner may file a petition for enforcement with the circuit court for any county.

(2) On petition by the Commissioner, the court, if it finds it appropriate to do so, shall order the person to:

(i) Obey the order or subpoena; and

(ii) Produce any necessary records, documents, or other evidence.

(e) The Commissioner shall make findings on any written complaint made under this section and send a copy of the findings to each person involved in the complaint.

(f) A person may not knowingly refuse to permit the Commissioner to conduct any investigation or examination authorized by this section.