reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.02 - Rules of Practice and Procedure-Cease and Desist Order Hearings › Section 02.01.02.17 - Failure to Attend or Participate in a Hearing, Conference or Proceeding; Default

Current through Register Vol. 51, No. 14, July 12, 2024
A. Hearings Before the Chief.
(1) In hearings before the Chief, the provisions of §A(2)-(4) of this regulation apply.
(2) After receiving proper notice, if a party fails to file a response or fails to attend or participate in a prehearing conference, hearing, or other stage of a proceeding, the Chief may proceed in that party's absence or may issue a default order against the defaulting party.
(3) On motion filed within 30 days after the date of a default order, the Chief may, for good cause, vacate or modify the final default order and set the case in for further proceedings as appropriate.
(4) If no motion is filed or a motion is denied, the default order is effective.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.02 - Rules of Practice and Procedure-Cease and Desist Order Hearings › Section 02.01.02.18 - Motions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Hearings Before the Chief.
(1) In hearings before the Chief, the provisions of §A(2-(7) of this regulation apply.
(2) A party may move for appropriate relief by submitting a motion either:
(a) In writing; or
(b) Orally at the hearing.
(3) Content of Motions. In the motion, a party shall:
(a) Set forth the relief or order sought;
(b) State with particularity the grounds; and
(c) Attach as an exhibit to a written motion or, in an oral motion, refer to, any necessary supporting documents.
(4) Prehearing Motions.
(a) Filing. A party shall file any prehearing motions:
(i) In writing; and
(ii) Not later than 15 days before the date of the hearing.
(b) Response. A party shall file a written response to a prehearing motion:
(i) Within 15 days of filing of the motion; or
(ii) If the hearing is scheduled within 15 days of filing of the motion, not later than the date of the hearing.
(c) Emergency Request for Postponement.
(i) For purposes of this section, "emergency" means a sudden, unforeseen occurrence requiring immediate attention that arises within 5 days of the hearing.
(ii) In an emergency, a party may request a postponement by telephone.
(iii) When practicable, a party shall contact all parties to a proceeding before a ruling on a postponement request is made.
(5) Post-hearing Motions.
(a) Filing. Post-hearing motions shall be filed in writing.
(b) Response. A response to a post-hearing motion shall be filed:
(i) In writing; and
(ii) Within 15 days of filing of the motion.
(6) Effect of Motion on Other Time Limits. The filing or pendency of a motion does not alter or extend any time limit otherwise established by this chapter.
(7) Review of Ruling. A ruling on a motion may only be reviewed by:
(a) Exception to the proposed decision; or
(b) Judicial review under State Government Article, §
											10-222, Annotated Code of Maryland.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.02 - Rules of Practice and Procedure-Cease and Desist Order Hearings › Section 02.01.02.19 - Representation

Current through Register Vol. 51, No. 14, July 12, 2024
A. In hearings before the Chief:
(1) An individual may represent himself or herself; or
(2) A party may be represented by an attorney authorized to practice law in Maryland or, if authorized by law, appear through a representative who is not an attorney.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.02 - Rules of Practice and Procedure-Cease and Desist Order Hearings › Section 02.01.02.20 - Recording

Current through Register Vol. 51, No. 14, July 12, 2024
A. Proceedings shall be recorded by:
(1) A stenographer;
(2) A court reporting service; or
(3) Electronic recording.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.02 - Rules of Practice and Procedure-Cease and Desist Order Hearings › Section 02.01.02.21 - Exceptions and Responses

Current through Register Vol. 51, No. 14, July 12, 2024
A. Filing Exceptions. A party shall file any exceptions to the proposed findings, conclusions, or orders of the Office or other designated person:
(1) In writing;
(2) With the Agency; and
(3) Within 30 days of the date the proposed findings, conclusions, or orders are submitted to the Agency.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.02 - Rules of Practice and Procedure-Cease and Desist Order Hearings › Section 02.01.02.22 - Proposed and Final Orders

Current through Register Vol. 51, No. 14, July 12, 2024
A. After proposed findings of fact and conclusions of law have been issued, any party may file a proposed order with the Agency.
B. If the Agency finds that a respondent has violated the Consumer Protection Act, Commercial Law Article, Title 13, Annotated Code of Maryland, the Agency shall issue a final order under Commercial Law Article, §
									13-403, and State Government Article, §
									10-221, Annotated Code of Maryland.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.02 - Rules of Practice and Procedure-Cease and Desist Order Hearings › Section 02.01.02.23 - Modifications of Final Decisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. On motion of any party filed at any time, the Chief may modify a final decision to correct a mistake, irregularity or fraud in the same manner that the courts may exercise revisory power under Maryland Rule 2-535(b).
B. On the initiative of the Chief, or on the motion of any party filed at any time, the Chief may modify a final decision to correct a clerical mistake in the same manner as the courts may exercise revisory power under Maryland Rule 2-535(d).
C. In addition to the ability of the Chief to issue supplemental or amended orders in accordance with the terms of the final decision, on motion of any party filed within 14 days of the date of the final order, the Chief may modify a final decision.
D. A request for modification pursuant to §§A-C of this regulation does not automatically stay the action or toll the time for filing a petition for judicial review.
E. COMAR 28.02.01.27 governs modification of final decisions when final decision-making authority is delegated to the Office.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.02 - Rules of Practice and Procedure-Cease and Desist Order Hearings › Section 02.01.02.24 - Notifications

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party shall notify the Agency and all parties in writing of any change of address or telephone number within 30 days of the change.
B. If no change is provided, the Agency and all parties may rely on the last known address or telephone number.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.03 - Petitions for Adoption of Regulations › Section 02.01.03.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations are promulgated pursuant to State Government Article, §
									10-122, Annotated Code of Maryland, for the purpose of establishing procedures by which the public may petition the Division of Consumer Protection for substantive adoption of regulations.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.03 - Petitions for Adoption of Regulations › Section 02.01.03.02 - Petition

Current through Register Vol. 51, No. 14, July 12, 2024
Any person may request that the Consumer Protection Division, Office of the Attorney General, promulgate regulations related to any matter over which the Division has jurisdiction. The request shall be made by petition and shall state clearly and concisely the following:
A. The substance or the nature of the regulation adoption which is requested;
B. The reasons for the request and the person's interest in the request; and
C. References to the authority of the Division to take the action which is requested.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.03 - Petitions for Adoption of Regulations › Section 02.01.03.03 - Referral to Consumer Council

Current through Register Vol. 51, No. 14, July 12, 2024
The petition shall be referred to the Consumer Council so the Division can receive the Council's advice.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.03 - Petitions for Adoption of Regulations › Section 02.01.03.04 - Disposition of Petition

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 60 days of receipt of the petition, the Division shall determine whether sufficient cause exists to warrant the holding of a regulation adoption proceeding.
B. If the petition does not warrant the holding of a regulation adoption proceeding, the Division shall promptly give notice of this fact to the person who filed the petition, including a brief statement of its reason for the denial.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.03 - Petitions for Adoption of Regulations › Section 02.01.03.05 - Procedure for Adoption of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
If a determination is made that the petition is sufficient to warrant further regulation adoption proceedings, the Division shall comply with the procedures in Commercial Law Article, §
									13-205, Annotated Code of Maryland.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.05 - Refund Policy of Retailers › Section 02.01.05.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations are promulgated pursuant to the Commercial Law Article, §
									13-205, Annotated Code of Maryland. The provisions of the Commercial Law Article, §
									13-301(9), Annotated Code of Maryland, declare it to be an unfair or deceptive trade practice to knowingly conceal, suppress, or omit any material fact with the intent that a consumer rely on the same in connection with the promotion or sale of any consumer goods. The refund and exchange policies or a policy of no refunds or exchanges is material to consumers in making purchasing decisions, and consumers necessarily rely upon representations, past business practice, and the absence of a declared polity in making purchasing decisions.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.05 - Refund Policy of Retailers › Section 02.01.05.02 - Findings and Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. Findings. The Division of Consumer Protection of the Office of the Attorney General and the Consumer Council find that the refund and exchange policies of merchants, when left unstated, place the consumer at a disadvantage, particularly with merchants who vary refund and exchange policies with different consumers or who change policies without notice. Merchants' failure to communicate policies on refunds and exchanges, be it a policy of no refunds, cash refunds, or credit for returned merchandise, is a practice which is unfair and deceptive.
B. Purpose. The purpose of these regulations is to require that a policy, a change in policy, or special sales promotion policies (such as final sale, fire sale, sale on "as is" merchandise, no returns, etc.), be clearly communicated to the consumer in all retail sales and to declare it to be an unfair and deceptive practice to fail to communicate the merchants' policies.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.05 - Refund Policy of Retailers › Section 02.01.05.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The definitions of "consumer", "consumer goods", and "merchant" are, for the purposes of these regulations, the same definitions as are contained in Commercial Law Article, §
									13-101, Annotated Code of Maryland.
B. "Retail sale" means the sale of goods for the use or consumption of the consumer or for the benefit or satisfaction which the consumer may derive from the use or consumption of the goods by another. "Retail sale" does not include the sale of goods for resale by the purchaser.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.05 - Refund Policy of Retailers › Section 02.01.05.04 - Unfair and Deceptive Trade Practices

Current through Register Vol. 51, No. 14, July 12, 2024
It shall be an unfair or deceptive trade practice prohibited by Commercial Law Article, §
									13-303, Annotated Code of Maryland, for a merchant in any retail sale to fail to disclose to all customers in writing, either on the sales form, by a clearly visible sign, or by conspicuous label on the consumer goods, the terms and conditions of the merchant's refund and exchange policies, or a policy of no refunds or exchanges. A merchant shall be deemed in compliance with the requirements of this regulation if the merchant discloses to the customer in writing any time limit on refunds or exchanges and, upon request by the customer or gift recipient, within a reasonable time of the purchase:
A. Gives a cash refund for a cash purchase;
B. Gives a cash refund or account credit for a credit purchase;
C. Gives a cash refund, account credit, or merchandise exchange for a gift purchase; or
D. Otherwise complies with the refund and exchange policies disclosed.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.05 - Refund Policy of Retailers › Section 02.01.05.05 - Exemptions

Current through Register Vol. 51, No. 14, July 12, 2024
The provisions of Regulation .04 of this chapter do not apply to the sale of:
A. Food, perishable goods, goods which are custom made, or which are custom-altered at the request of the consumer; or
B. Goods which cannot be resold by the merchant because of any valid law or regulation promulgated by a governmental body.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.06 - Arbitration Procedure › Section 02.01.06.01 - Scope of the Arbitration Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. Arbitration is a process by which disputes between parties are resolved outside of the court system by an impartial individual after hearing pertinent evidence and argument. Arbitration in Maryland is governed by the Maryland Uniform Arbitration Act, Courts and Judicial Proceedings Article, Title 3, Subtitle 2, Annotated Code of Maryland.
B. Disputes Subject to Arbitration. Disputes arising out of transactions involving consumer goods, services, credit, or realty and which are covered by the Consumer Protection Act, Commercial Law Article, Title 13, Annotated Code of Maryland, may be arbitrated under these regulations when the consumer-complainant and the business agree to binding arbitration conducted under the arbitration program of the Consumer Protection Division. Unless the agreement to arbitrate stipulates otherwise, the arbitrator may award specific performance and damages, including consequential or incidental damages. Claims for punitive damages may not be arbitrated under any circumstances.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.06 - Arbitration Procedure › Section 02.01.06.02 - Cost

Current through Register Vol. 51, No. 14, July 12, 2024
There will be no cost to either party for an arbitration conducted under these regulations except for transcripts ordered by a party.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.06 - Arbitration Procedure › Section 02.01.06.03 - Pool of Volunteer Arbitrators

Current through Register Vol. 51, No. 14, July 12, 2024
A. Maintenance of Pool. The Arbitration Administrator may maintain a pool of volunteer arbitrators who will be selected to hear arbitrations that are not conducted by the Chief Arbitrator. A pool shall represent, to the extent feasible, a broad cross section of individuals from all parts of the State. The Arbitration Administrator will endeavor to obtain participation of a sufficient number of arbitrators from each region of the State to assure that arbitrations from that region will be heard and decided promptly.
B. Qualifications of Arbitrators.
(1) Individuals selected for the pool will be persons at least 21 years old who:
(a) Have reputations for honesty, fairness, and diligence;
(b) Have the ability to analyze the facts and law, and resolve disputes in an impartial, just, and common sense manner;
(c) Are able to write clearly and demonstrate the reasoning followed in reaching the decision;
(d) Demonstrate maturity and judgment; and
(e) Are willing to commit the time that will be needed to assure that arbitrations assigned to them may be scheduled and decided promptly.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.06 - Arbitration Procedure › Section 02.01.06.04 - Participation in Arbitration Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. Precommitment Agreements. A person who conducts business in the State may agree, on a form prescribed by the Division, to submit to arbitration all, or any class of, disputes that may arise in the future between that merchant and a consumer so long as the dispute is one otherwise covered by these regulations. The agreement will provide that it will bind the business to submit to arbitration any complaint for which mediation efforts by the Division have not been fully successful, so long as the consumer also agrees to participate in the arbitration. An agreement under this section may be terminated with notice.
B. Agreements to Arbitrate. Either party to a dispute covered by these regulations that is the subject of a complaint filed with the Consumer Protection Division may request arbitration, or arbitration may be suggested by the Consumer Protection Division, whether the business has agreed in advance to submit disputes to arbitration. When arbitration is requested by a party or suggested by the Consumer Protection Division, the Division will provide to each party an agreement to arbitrate on a form prescribed by the Division. The Division will note on the form the names of the parties, the issues on which arbitration is sought, the amount of the consumer's claim, and the remedy requested. Arbitration may be agreed to only by signing the arbitration agreement, which will provide that the arbitration will be governed by these regulations, that the decision will be binding except for limited appeals allowed by the Maryland Uniform Arbitration Act, and that the decision may be enforced by the Division. The Division will notify the parties whether arbitration has been agreed to or rejected.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.06 - Arbitration Procedure › Section 02.01.06.05 - Appointment of Arbitrator

Current through Register Vol. 51, No. 14, July 12, 2024
A. Persons Eligible. The Chief Arbitrator may appoint himself/herself to preside over arbitration or may appoint an arbitrator from any pool maintained by the Arbitration Administrator. In making the appointment, the Chief Arbitrator will consider the:
(1) Location of the arbitration; and
(2) Ability of any potential arbitrator to hear and decide the particular matter fairly and promptly.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.06 - Arbitration Procedure › Section 02.01.06.06 - Scheduling of Arbitration Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Location and Time. Arbitrations shall be set by the Arbitration Administrator, to the extent feasible, at a time and location convenient to all parties. Arbitrations may be conducted at the complainant's home or the merchant's place of business, or any other location that will encourage a prompt and fair evaluation of the dispute. If either party desires a specific location for the hearing, that request shall be made in the agreement to arbitrate.
B. Notice. After the parties agree to arbitrate the dispute, the Arbitration Administrator will schedule promptly a mutually convenient hearing date and mail notice of the date, time and place of the scheduled hearing at least 10 days before the hearing to all parties by certified mail, return receipt requested. The notice of the hearing will include the name of the abritrator selected by the Chief Arbitrator to hear the dispute.
C. Postponement. Any request for postponement may be granted by the arbitrator if all parties consent, or if good cause for a postponement is shown to the satisfaction of the Arbitration Administrator. Requests for postponement for cause should be made to the Arbitration Administrator at least 5 days before the hearing, unless the circumstances requiring the postponement do not allow 5 days' notice. Whenever a postponement is granted, the Arbitration Administrator will promptly reschedule the hearing and notify the arbitrator and the parties.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.06 - Arbitration Procedure › Section 02.01.06.08 - Ex Parte Communications

Current through Register Vol. 51, No. 14, July 12, 2024
A. There shall be no direct communication between the parties to an arbitration and the arbitrator concerning the merits of the dispute other than at the arbitration hearing. Other communications, such as those concerning scheduling or other procedural matters, shall be made to the Chief Arbitrator, or, if the Chief Arbitrator is the arbitrator for the case, to the Arbitration Administrator, who will respond or refer the matter to the arbitrator as appropriate.
B. If an ex parte communication occurs between a party and the arbitrator, the arbitrator shall notify the other party of the date, time, place, and content of the communication. If the communication occurs after the arbitration hearing and before rendering of the decision, the arbitrator shall reconvene the hearing, at the request of the party who did not engage in the ex parte communication, to permit submission of further evidence and rebuttal by both parties.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.06 - Arbitration Procedure › Section 02.01.06.09 - Transcript of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Record. Unless requested by a party, a verbatim record may not be made of the arbitration hearing, although the arbitrator will take notes of the testimony and place documentary evidence in an arbitration file.
B. Transcription. A party may request in writing to the Arbitration Administrator that a verbatim record of all or part of the hearing be made and transcribed. This request shall be received not later than 5 days before the scheduled hearing, and shall include an agreement to pay all costs of transcription. The Arbitration Administrator may require these costs to be advanced by the requesting party. Upon this request, the Arbitration Administrator will arrange for a reporter to be present or for the tape recording of the hearing. Once prepared, the transcript will be made available to all parties on request, and a copy will be preserved by the Arbitration Administrator.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.06 - Arbitration Procedure › Section 02.01.06.10 - The Arbitration Award

Current through Register Vol. 51, No. 14, July 12, 2024
A. Discretion of Arbitrator. The award in an arbitration rests solely in the discretion of the arbitrator and may not be changed by any person within the Office of the Attorney General except for a modification by the arbitrator when allowed by the Maryland Uniform Arbitration Act.
B. Time. The award shall be made promptly. Arbitrators will endeavor to make an award within 30 days of the hearing unless unusual circumstances prevent an award being made within the 30-day period.
C. Form of Award. The award shall be in writing. It shall include:
(1) The arbitrator's signature;
(2) The date of the award;
(3) The specific relief awarded to the complainant, or a statement that no relief is awarded; and
(4) A statement of reasons for the award.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.06 - Arbitration Procedure › Section 02.01.06.11 - Interpretation of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations are to be interpreted broadly to accomplish their purpose, and to promote the rendering of just, impartial, and timely arbitration decisions.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.07 - Invention Development Services › Section 02.01.07.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations are promulgated pursuant to Commercial Law Article, §
									13-205, Annotated Code of Maryland, Subtitle, "Division of Consumer Protection; Consumer Council". They shall apply to Chapter 362 of the Acts of 1977, which defines as an unfair or deceptive trade practice and thus prohibits under the provisions of Commercial Law Article, §
									13-303. Annotated Code of Maryland, "deception, fraud, false pretense, misrepresentation, or knowing concealment, suppression, or omission of any material fact with the intent that a consumer rely on the same in connection with a contract or other agreement for the evaluation, perfection, marketing, brokering, or promotion of an invention".
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.07 - Invention Development Services › Section 02.01.07.02 - Findings

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Consumer Protection Division of the office of the Attorney General and the Consumer Council find that Chapter 362 was enacted because of concern by the General Assembly regarding the practices of invention development services and, more particularly, because of concern as to whether those using these services were entitled to the benefits of the Consumer Protection Act.
B. The Division and the Council further find that the General Assembly has delegated to them the responsibility to detail what practices of invention development services shall constitute violations of the Consumer Protection Act as unfair or deceptive trade practices, and to set certain requirements for the transaction of business by invention development services in Maryland.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.07 - Invention Development Services › Section 02.01.07.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Business day" means any calendar day except Sunday or the following business holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day, all as celebrated by the State of Maryland.
B. "Contract" or "contract for invention development services", for the purposes of these regulations, means a contract by which an invention developer undertakes invention development services for a customer for a stated payment or consideration, whether or not the payment or consideration has yet been made.
C. "Customer" means a person, firm, partnership, corporation, or other entity that is solicited by or enters into a contract for invention development services with an invention developer.
D. "Invention" means any discovery, process, machine, design, formulation, composition of matter, product, concept, or idea, or any combination of these.
E. "Invention developer" means any person, firm, partnership, corporation, or other entity and any agent, employee, officer, partner, or independent contractor who or which sells or offers for sale in Maryland invention development services. "Invention developer" does not include:
(1) Any department or agency of federal, state or local government;
(2) Any charitable, scientific, educational, religious, or other organization qualified under Section 501(c)(3) or described in Section 170(b)(1) (a) of the Internal Revenue Code of 1954 as amended; and
(3) Bona fide manufacturers' representatives who sell, broker or otherwise market goods.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.07 - Invention Development Services › Section 02.01.07.04 - Contracts to be in Writing, Provided in Advance, and Contain Provision for Cancellation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Every contract for invention development services shall be in writing, and a completed copy shall be given to the customer in accordance with the provisions of these regulations.
B. No contract for invention development services may require payment or any portion thereof to be made by the customer until after 3 business days following the date on which the customer receives a completed copy of it.
C. Every contract for invention development services shall provide for a 3 business day period during which the customer may cancel the contract in accordance with the provisions of these regulations.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.07 - Invention Development Services › Section 02.01.07.05 - Contract Cover Sheet

Current through Register Vol. 51, No. 14, July 12, 2024
A. Every contract for invention development services shall have a conspicuous and legible cover sheet with the following notice and required disclosures imprinted on it in boldface type of a minimum size of 10 points:
NOTICE
This contract between you and an invention developer and the actions taken by the invention developer on your behalf are subject to the jurisdiction of the Maryland Consumer Protection Division.
Full patent protection is the only possible legal protection obtainable for your invention. You are encouraged to consult with a patent attorney or licensed patent agent. Moreover, if you assign even a partial interest in the invention to another party such as the invention developer, that other party may then sell or dispose of the proprietary information regardless of your desires.
You are not required to make any payment under this contract until after 3 business days following the date on which you receive your completed copy of this contract.
You, the customer, may cancel this transaction at any time prior to midnight on the third business day following the date on which you receive your completed copy of this contract. See the attached Notice of Cancellation form for an explanation of this right.
REQUIRED DISCLOSURES
(1) This invention developer has been providing invention development services since _______ (year). The total number of customers who have contracted with this invention developer during that time, excluding those who have contracted for a preliminary patent search only, is ________.
(2) The total number of customers known by this invention developer to have received, by virtue of this invention developer's performance, an amount of money in excess of the amount paid by the customers to this invention developer is ________.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.07 - Invention Development Services › Section 02.01.07.07 - Reports Required

Current through Register Vol. 51, No. 14, July 12, 2024
A. With respect to every contract for invention development services, the invention developer shall deliver written reports to the customer at the address specified in the contract, at quarterly intervals commencing not later than 3 months after the date of the contract and continuing throughout the term of the contract.
B. These written reports shall identify the contract and shall include:
(1) A full, clear, and concise description of the services performed to the date of the report and of the services yet to be performed; and
(2) The name and address of the persons, firms, corporations or other entities to which the subject matter forming the basis of the contract has been disclosed, the reason for every disclosure and copies of all responses received as a result of these disclosures. Information previously furnished to the customer need not be repeated, provided the invention developer retains copies of these communications with the records of that customer's contract. As to disclosures made at trade shows or exhibitions, the requirements of this regulation shall be met so long as the trade show, its date and location are identified in the report.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.07 - Invention Development Services › Section 02.01.07.08 - Cancellation Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. Attached to the contract as a part thereof, there shall be a Notice of Cancellation, provided in duplicate and in easily detachable form, in not less than 10-point boldface type, which reads as follows: Notice of Cancellation (Date of contract) You may cancel this contract, without any penalty or obligation, within 3 business days from the above date. If you cancel, any property entrusted to (enter name of invention developer) and any payments made by you under the contract will be returned within 10 business days following receipt by (enter name of invention developer) of your cancellation notice. To cancel this contract, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to (enter name of invention developer), at (enter address of invention developer) not later than midnight of (enter proper date). I hereby cancel this contract. _________ Date ______________________________ Customer's signature
B. The invention developer shall complete the notice of cancellation form with all proper information, leaving blank only the date on which the customer executes the cancellation notice and the customer's signature.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.07 - Invention Development Services › Section 02.01.07.09 - Remedies

Current through Register Vol. 51, No. 14, July 12, 2024
A. The customer may cancel any contract for invention development services by mailing or delivering a signed and dated copy of the notice of cancellation, or any other notice to the same effect, to the invention developer at the address provided for the invention developer in the notice of cancellation or elsewhere in the contract, not later than midnight of the third business day following the date on which the customer receives the completed copy of the contract.
B. Any contract for invention development services which does not substantially comply with the provisions of these regulations is voidable at the option of the customer.
C. Any contract for invention development services entered into in reliance upon deception, fraud, false pretense, misrepresentation, or knowing concealment, suppression, or omission of a material fact is voidable at the option of the customer.
D. If a customer makes a valid cancellation of the contract in accordance with these regulations, the invention developer shall, within 10 days following that act, return to the customer at the address furnished in the contract any payments made or other consideration given by the customer under that contract, as well as any property entrusted to the invention developer by the customer. In conjunction with this return, the invention developer may retain copies of the material for file records, which copies shall remain confidential.
E. The provisions of these regulations may not restrict any right to bring an action to recover for injury or loss sustained as a result of the matters dealt with in these regulations.
F. A customer may not waive nor may any contract contain a waiver of any of the provisions of these regulations.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.07 - Invention Development Services › Section 02.01.07.10 - Effective Date of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations shall be effective 30 days after notice of final action is published in the Maryland Register.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.08 - Disclosure Statements for Sale of Kosher Food › Section 02.01.08.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. The purpose of this chapter is to provide disclosure statements for persons who represent to the public that food that is sold or served is kosher, kosher for Passover, or under rabbinical or other kosher supervision.
B. This chapter sets forth the disclosures that shall be made to a consumer regarding the preparation and handling of this food. The disclosures allow a consumer to make an informed choice as to whether the manner of food preparation and handling conforms to the consumer's standards.
C. This chapter does not make a determination as to whether a food is kosher.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.08 - Disclosure Statements for Sale of Kosher Food › Section 02.01.08.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Division" means the Division of Consumer Protection of the Office of the Attorney General.
(2) Packaged Food.
(a) "Packaged food" means food packaged in advance of sale by a producer or packer of the product in units suitable for retail sale.
(b) "Packaged food" does not include food intended for consumption at its point of manufacture.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.08 - Disclosure Statements for Sale of Kosher Food › Section 02.01.08.03 - Disclosure Statements

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation does not apply to packaged food.
B. A person who represents to the public that unpackaged food sold or served is kosher, kosher for Passover, or under rabbinical or other kosher supervision, shall complete at least one of the disclosure statements described in §§C-H of this regulation.
C. Disclosure Statement for Persons Who Represent That They Sell or Serve Both Kosher and Nonkosher Meat, Including Poultry, and Dairy and Pareve Food.
(1) The disclosure statement shall state in the affirmative or negative whether the person:
(a) Operates under rabbinical or other kosher supervision;
(b) Sells or serves meat, dairy, and pareve food described as kosher, as well as food not described as kosher;
(c) Describes meat as kosher only if it is slaughtered under rabbinical or other kosher supervision, is tagged as kosher at the conclusion of the slaughter, and after slaughter is not mixed with meat not described as kosher;
(d) Describes the kosher meat sold as "Glatt kosher" or "Glatt";
(e) Sells or serves seafood only if it has or had fins and removable scales;
(f) Keeps separate meat described as kosher, dairy described as kosher, pareve food described as kosher, and food not described as kosher;
(g) Uses separate utensils for meat described as kosher, dairy described as kosher, pareve food described as kosher, and food not described as kosher; and
(h) Uses separate working areas for meat described as kosher, dairy described as kosher, pareve food described as kosher, and food not described as kosher.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.08 - Disclosure Statements for Sale of Kosher Food › Section 02.01.08.04 - Rabbinical or Other Kosher Supervision Statements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person who represents to the public that food for sale or a place of business is under rabbinical or other kosher supervision shall complete a statement about the rabbinical or other kosher supervision.
B. The statement about rabbinical or other kosher supervision shall set forth:
(1) The name of the establishment;
(2) The date the statement was completed;
(3) The dates to which the supervision applies;
(4) The name of the rabbi or agency;
(5) The address of the rabbi or agency;
(6) The phone number of the rabbi or agency;
(7) The affiliation of the rabbi or agency;
(8) The frequency with which the rabbi or agency visits the establishment; and
(9) A general description about the rabbinical or other kosher supervision of the establishment.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.08 - Disclosure Statements for Sale of Kosher Food › Section 02.01.08.05 - Method of Posting

Current through Register Vol. 51, No. 14, July 12, 2024
A. Disclosure Statements. The disclosure statements described in Regulation .03 of this chapter shall be posted in a clear and conspicuous manner, so that they can be seen easily by the consumer before the consumer buys or consumes the foods about which the disclosures are made.
B. Statements about Rabbinical Supervision. The statement about rabbinical or other kosher supervision described in Regulation .04 of this chapter shall be posted adjacent to each disclosure statement.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.09 - Deposits on New Homes-Escrow Account, Surety Bond and Letter of Credit Requirements › Section 02.01.09.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to ensure compliance with State laws requiring that home builders secure deposits and other advance payments through the use of escrow accounts, surety bonds, and letters of credit, under Real Property Article, Title 10, Subtitle 3, Annotated Code of Maryland, and Real Property Article, Title 10, Subtitle 5, Annotated Code of Maryland (the Custom Home Protection Act).
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.09 - Deposits on New Homes-Escrow Account, Surety Bond and Letter of Credit Requirements › Section 02.01.09.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to all home builders and sellers of new homes, unless exempted by the terms of Real Property Article, §
									10-304, Annotated Code of Maryland.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.09 - Deposits on New Homes-Escrow Account, Surety Bond and Letter of Credit Requirements › Section 02.01.09.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Home builder" has the meaning stated in Business Regulation Article, § 4.5 -101(g), Annotated Code of Maryland.
(2) "New home" has the meaning stated in Business Regulation Article, § 4.5 -101(m), Annotated Code of Maryland.
(3) "Seller" means a vendor subject to Real Property Article, Title 10, Subtitle 3, Annotated Code of Maryland.
(4) "Unit" means the Home Builder Registration Unit of the Consumer Protection Division of the Office of the Attorney General.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.09 - Deposits on New Homes-Escrow Account, Surety Bond and Letter of Credit Requirements › Section 02.01.09.04 - Procedures and Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Form of Bond or Letter of Credit. Home builders and sellers of new homes shall:
(1) Use the corporate surety bond or irrevocable letter of credit form provided by the Unit; or
(2) Submit other corporate surety bond or letter of credit forms to the Unit for its consideration and prior approval for use as required under Real Property Article, §§
										10-302 and  10-303, Annotated Code of Maryland.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.10 - Disclosure Statements For Sale of Halal Food › Section 02.01.10.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. The purpose of this chapter is to provide disclosure statements for persons who represent to the public that food that is sold or served is halal.
B. This chapter sets forth the disclosures that shall be made to a consumer regarding the source of food and the preparation, handling, and sale of the food. The disclosures allow a consumer to make an informed choice as to whether the source of the food and manner of food preparation and handling conform to the consumer's standards.
C. This chapter does not make a determination as to whether a food is halal.
Code of Maryland Regulations › Title 02 - OFFICE OF THE ATTORNEY GENERAL › Subtitle 01 - CONSUMER PROTECTION DIVISION › Chapter 02.01.10 - Disclosure Statements For Sale of Halal Food › Section 02.01.10.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Division" means the Division of Consumer Protection of the Office of the Attorney General.
(2) Packaged Food.
(a) "Packaged food" means food packaged in advance of sale by a producer or packer of the product in units suitable for retail sale.
(b) "Packaged food" does not include food intended for consumption at its point of manufacture.
(3) "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.