Comptroller of the Treasury v. Two Farms, Inc.

This appeal raises two overlapping issues: 1) whether the Comptroller of the Treasury has the authority to suspend the cigarette retail license of a business that illegally sells tobacco products to a minor; and 2) whether the Comptroller possesses such power under Md. Code (1992, 2015 Repl. Vol.), Business Regulation (“BR”) Article, § 16—210(a)(2), which authorizes discipline of a licensee that “fraudulently or deceptively uses a license.” For reasons that follow, we conclude that the Comptroller has implied power—legislatively-recognized—to suspend a license for unlawful sales of tobacco…