reglab/housing_qa huggingface dataset:
MD. Business Regulation Code Ann. §  8-313 (2021)
2021 Maryland Statutes|Business Regulation|Title 8 - Home Improvement|Subtitle 3 - Licensing|Section 8-313 - Home Improvement Hearing Board

    (a)    With the approval of the Secretary, the Commission may appoint a home improvement hearing board.    (b)    (1)    A hearing board shall consist of at least 3 members of the Commission.        (2)    Of the members of the hearing board:            (i)    at least 1 shall have experience in some phase of the business of home improvement; and            (ii)    at least 1 shall be a consumer member of the Commission.    (c)    The Commission shall appoint a chairman from among the members of the hearing board.    (d)    The Commission may refer to a hearing board a charge, claim, complaint, or license application made by the Commission or by any person under this subtitle.    (e)    Each procedure applicable to a hearing before the Commission is applicable to a hearing before the hearing board.    (f)    (1)    A decision of the hearing board shall be:            (i)    by a majority vote of the entire membership of the hearing board;            (ii)    in writing; and            (iii)    submitted to the Commission.        (2)    Unless, within 15 days after the hearing board submits its decision to the Commission, the Commission or a member of the Commission finds that a full hearing by the Commission is required:            (i)    the decision of the hearing board is final;            (ii)    the decision is a final decision of the Commission; and            (iii)    a party who is aggrieved by the decision may take an appeal as provided in § 8-314 of this subtitle.
MD. Business Regulation Code Ann. §  8-314 (2021)
2021 Maryland Statutes|Business Regulation|Title 8 - Home Improvement|Subtitle 3 - Licensing|Section 8-314 - Judicial Review

    A party to a proceeding before the Commission who is aggrieved by a final decision of the Commission in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.
MD. Business Regulation Code Ann. §  8-315 (2021)
2021 Maryland Statutes|Business Regulation|Title 8 - Home Improvement|Subtitle 3 - Licensing|Section 8-315 - Payment of Compensation; Effect of Loss of License

    (a)    Except as otherwise provided in subsection (b) of this section, a contractor may not pay or otherwise compensate another person for performing or selling a home improvement unless:        (1)    the person to be paid or compensated is licensed;        (2)    the person to be paid or compensated is not subject to the licensing requirements of this title; or        (3)    the transaction for which the consideration is to be paid is not subject to this title.    (b)    After the expiration, suspension, or revocation of a license, a person:        (1)    is not relieved of outstanding obligations; and        (2)    may complete and be paid under a home improvement contract that is made but not performed on the date of the expiration, suspension, or revocation.
MD. Business Regulation Code Ann. §  8-316 (2021)
2021 Maryland Statutes|Business Regulation|Title 8 - Home Improvement|Subtitle 3 - Licensing|Section 8-316 - Reapplication for License; Reinstatement of License

    (a)    A person may not reapply for a license within 6 months after the person has had a license:        (1)    denied after a hearing; or        (2)    revoked.    (b)    The Commission may reinstate the license of a person whose license has been suspended or revoked under this subtitle only if the person passes the examination that the Commission requires.
MD. Business Regulation Code Ann. §  8-317 (2021)
2021 Maryland Statutes|Business Regulation|Title 8 - Home Improvement|Subtitle 3 - Licensing|Section 8-317 - Construction License Not Required

    A contractor who holds a license under this title is not required to hold a construction license under Title 17 of this article.
MD. Business Regulation Code Ann. §  8-401 (2021)
2021 Maryland Statutes|Business Regulation|Title 8 - Home Improvement|Subtitle 4 - Home Improvement Guaranty Fund|Section 8-401 - "Actual Loss" Defined

    In this subtitle, “actual loss” means the costs of restoration, repair, replacement, or completion that arise from an unworkmanlike, inadequate, or incomplete home improvement.
MD. Business Regulation Code Ann. §  8-402 (2021)
2021 Maryland Statutes|Business Regulation|Title 8 - Home Improvement|Subtitle 4 - Home Improvement Guaranty Fund|Section 8-402 - Scope of Subtitle

    This subtitle does not:         (1)    limit the authority of the Commission to take disciplinary action against a licensee under Subtitle 3 of this title;        (2)    limit the availability of other remedies to a claimant; or        (3)    require a claimant to exhaust administrative remedies before the Commission before bringing an action in court.
MD. Business Regulation Code Ann. §  8-403 (2021)
2021 Maryland Statutes|Business Regulation|Title 8 - Home Improvement|Subtitle 4 - Home Improvement Guaranty Fund|Section 8-403 - Establishment; Disposition of Money; Investments; Administration

    (a)    The Commission shall:        (1)    establish a Home Improvement Guaranty Fund;        (2)    keep the Fund at a level of at least $250,000; and        (3)    submit a report detailing actions being taken to restore the balance of the Fund to a sustainable level to the Senate Education, Health, and Environmental Affairs Committee and the House Economic Matters Committee within 30 days of projecting that the Fund balance will be less than $250,000.    (b)    (1)    Except as otherwise provided by law, the Commission shall deposit all money collected to the credit of the Fund with the State Treasurer for placement in a special account.        (2)    (i)    The Commission shall establish and maintain within the Fund a separate account to be held with the State Treasurer for the payment of necessary expenses for expert witnesses used to resolve claims against the Fund.            (ii)    One–half of the money collected under § 8–620(c) of this title shall be credited to the account established in subparagraph (i) of this paragraph.            (iii)    One–half of the money collected under § 8–620(c) of this title shall be credited to the General Fund of the State.        (3)    (i)    The State Treasurer shall invest the money in the Fund in the same way that money in the State Retirement and Pension System is invested.            (ii)    Investment earnings shall be credited to the Fund.    (c)    The Commission shall administer the Fund in accordance with this subtitle.
MD. Business Regulation Code Ann. §  8-404 (2021)
2021 Maryland Statutes|Business Regulation|Title 8 - Home Improvement|Subtitle 4 - Home Improvement Guaranty Fund|Section 8-404 - Initial Fee; Assessments

    (a)    Before the Commission issues a contractor license, the contractor shall pay a fee of $100 to be credited to the Fund.    (b)    (1)    If the Commission finds that, because of pending claims, the amount of the Fund may fall below $250,000, the Commission shall assess each contractor a fee of $50.        (2)    However, under this subsection the Commission may not assess a contractor more than $150 in a calendar year.    (c)    If a contractor fails to pay an assessment within 60 days after notice of the assessment, the contractor license is suspended until the assessment is paid.
MD. Business Regulation Code Ann. §  8-405 (2021)
2021 Maryland Statutes|Business Regulation|Title 8 - Home Improvement|Subtitle 4 - Home Improvement Guaranty Fund|Section 8-405 - Claims Against Fund

    (a)    Subject to this subtitle, an owner may recover compensation from the Fund for an actual loss that results from an act or omission by a licensed contractor or a violation of § 8–607(4) of this title as found by the Commission or a court of competent jurisdiction.    (b)    For purposes of recovery from the Fund, the act or omission of a licensed contractor includes the act or omission of a subcontractor, salesperson, or employee of the licensed contractor, whether or not an express agency relationship exists.    (c)    A claimant shall comply with a written agreement to submit a dispute to arbitration before seeking recovery from the Fund.    (d)    The Commission may deny a claim if the Commission finds that the claimant unreasonably rejected good faith efforts by the contractor to resolve the claim.    (e)    The Commission may not award from the Fund:        (1)    more than $20,000 to one claimant for acts or omissions of one contractor;        (2)    more than $100,000 to all claimants for acts or omissions of one contractor unless, after the Commission has paid out $100,000 on account of acts or omissions of the contractor, the contractor reimburses $100,000 to the Fund;        (3)    an amount for attorney fees, consequential damages, court costs, interest, personal injury damages, or punitive damages;        (4)    an amount as a result of a default judgment in court; or        (5)    an amount in excess of the amount paid by or on behalf of the claimant to the contractor against whom the claim is filed.    (f)    (1)    A claim against the Fund based on the act or omission of a particular contractor may not be made by:            (i)    a spouse or other immediate relative of the contractor;            (ii)    an employee, officer, or partner of the contractor; or            (iii)    an immediate relative of an employee, officer, or partner of the contractor.        (2)    An owner may make a claim against the Fund only if the owner:            (i)    resides in the home as to which the claim is made; or            (ii)    does not own more than three residences or dwelling places.    (g)    A claim shall be brought against the Fund within 3 years after the claimant discovered or, by use of ordinary diligence, should have discovered the loss or damage.
MD. Business Regulation Code Ann. §  8-406 (2021)
2021 Maryland Statutes|Business Regulation|Title 8 - Home Improvement|Subtitle 4 - Home Improvement Guaranty Fund|Section 8-406 - Procedure for Submitting Claims

    To begin a proceeding to recover from the Fund, a claimant shall submit to the Commission a claim, under oath, that states:         (1)    the amount claimed based on the actual loss;        (2)    the facts giving rise to the claim;        (3)    any other evidence that supports the claim; and        (4)    any other information that the Commission requires.
MD. Business Regulation Code Ann. §  8-407 (2021)
2021 Maryland Statutes|Business Regulation|Title 8 - Home Improvement|Subtitle 4 - Home Improvement Guaranty Fund|Section 8-407 - Action on Claim by Commission

    (a)    The procedures for notice, hearings, and judicial review that apply to proceedings under Subtitle 3 of this title also apply to proceedings to recover from the Fund.    (b)    On receipt of a claim, the Commission shall:        (1)    send a copy of the claim to the contractor alleged to be responsible for the actual loss; and        (2)    require a written response to the claim within 10 days.    (c)    (1)    The Commission:            (i)    shall review the claim and any response to it; and            (ii)    may investigate the claim.        (2)    On the basis of its review and any investigation, the Commission may:            (i)    set the matter for a hearing;            (ii)    dismiss the claim, if the claim is frivolous, legally insufficient, or made in bad faith; or            (iii)    issue a proposed order to pay all or part of the claim or deny the claim if the total claim against a particular contractor does not exceed $7,500.    (d)    (1)    The Commission shall send the proposed order to the claimant and the contractor, at the most recent address on record with the Commission, by:            (i)    personal delivery; or            (ii)    both regular mail and certified mail, return receipt requested.        (2)    Within 21 days after service, receipt, or attempted delivery of the proposed order, the claimant or contractor may submit to the Commission:            (i)    a written request for a hearing before the Commission; or            (ii)    a written exception to the proposed order.        (3)    If the claimant or contractor submits a timely exception to the proposed order, the Commission may:            (i)    issue a revised proposed order;            (ii)    set a hearing on the claim; or            (iii)    dismiss the claim.        (4)    Unless the claimant or contractor submits a timely request for a hearing or a timely exception, the proposed order is final.    (e)    (1)    At a hearing on a claim, the claimant has the burden of proof.        (2)    If a subcontractor or salesperson is necessary to adjudicate a claim fairly, the Commission shall issue a subpoena for that person to appear at the hearing.
MD. Business Regulation Code Ann. §  8-408 (2021)
2021 Maryland Statutes|Business Regulation|Title 8 - Home Improvement|Subtitle 4 - Home Improvement Guaranty Fund|Section 8-408 - Joinder of Proceedings; Administrative and Legal Proceedings

    (a)    (1)    The Commission may join a proceeding on a claim against the Fund with a disciplinary proceeding against a licensed contractor under Subtitle 3 of this title, if the disciplinary hearing is based on the same facts alleged in the claim.        (2)    In a consolidated proceeding, the claimant is a party and may participate in the hearing to the extent necessary to establish the claim.    (b)    (1)    Notwithstanding § 8-402(2) of this subtitle, a claimant may not concurrently submit a claim to recover from the Fund and bring an action in a court of competent jurisdiction against a contractor based on the same facts alleged in the claim.        (2)    If the claimant brings an action in a court of competent jurisdiction based on the same facts alleged in a pending claim, the Commission shall stay its proceedings on the claim until there is a final judgment and all rights to appeal are exhausted.        (3)    (i)    To the extent that a final judgment or final award in arbitration is decided in favor of the claimant, the Commission shall approve the claim against the Fund.            (ii)    If a final judgment or final award in arbitration is decided in favor of the defendant, the Commission shall dismiss the claim against the Fund.
MD. Business Regulation Code Ann. §  8-409 (2021)
2021 Maryland Statutes|Business Regulation|Title 8 - Home Improvement|Subtitle 4 - Home Improvement Guaranty Fund|Section 8-409 - Payments From Fund

    (a)    The Commission may order payment of a claim against the Fund only if:        (1)    the decision or order of the Commission is final in accordance with Title 10, Subtitle 2 of the State Government Article and all rights of appeal are exhausted; or        (2)    the claimant provides the Commission with a certified copy of a final judgment of a court of competent jurisdiction or a final award in arbitration, with all rights of appeal exhausted, in which the court or arbitrator:            (i)    expressly has found on the merits that the claimant is entitled to recover under § 8-405(a) of this subtitle; and            (ii)    has found the value of the actual loss.    (b)    (1)    Except as otherwise provided in this subsection, the Commission shall pay approved claims in the order submitted.        (2)    If approved claims submitted to the Commission against a contractor exceed $100,000 less the amount of unreimbursed claim payments previously made for the contractor, the Commission may pay the approved claims proportionately so that each claimant receives the same percentage payment of the claims.        (3)    After the Fund is reimbursed, the Commission shall pay unsatisfied approved claims.    (c)    If there is not enough money in the Fund to pay an approved claim wholly or partly, the Commission shall pay the unpaid claim:        (1)    when enough money is deposited in the Fund; and        (2)    in the order that each claim originally was filed with a court of competent jurisdiction or submitted to the Commission.
MD. Business Regulation Code Ann. §  8-411 (2021)
2021 Maryland Statutes|Business Regulation|Title 8 - Home Improvement|Subtitle 4 - Home Improvement Guaranty Fund|Section 8-411 - Disciplinary Proceedings

    (a)    Except as provided in subsection (b) of this section, if the Commission pays a claim against the Fund based on an act or omission of a contractor, the Commission may suspend the contractor license until the contractor reimburses the Fund in full for:        (1)    the amount paid from the Fund; and        (2)    interest on that amount at an annual rate of at least 10%, as set by the Commission.    (b)    The Commission may not suspend the contractor license if the Commission finds that the contractor or management personnel of the contractor:        (1)    did not know of the wrongful conduct; or        (2)    could not prevent the violation.    (c)    Reimbursement of the Fund in full by a contractor, by itself, does not nullify or modify the effect of a disciplinary proceeding against a licensee.
MD. Business Regulation Code Ann. §  8-501 (2021)
2021 Maryland Statutes|Business Regulation|Title 8 - Home Improvement|Subtitle 5 - Miscellaneous Provisions|Section 8-501 - Home Improvement Contracts

    (a)    A home improvement contract that does not comply with this section is not invalid merely because of noncompliance.    (b)    Each home improvement contract shall:        (1)    be in writing and legible;        (2)    describe clearly each document that it incorporates; and        (3)    be signed by each party to the home improvement contract.    (c)    (1)    In addition to any other matters on which the parties lawfully agree, each home improvement contract shall contain:            (i)    the name, address, telephone number, and license number of the contractor;            (ii)    the name and license number of each salesperson who solicited the home improvement contract or sold the home improvement;            (iii)    the approximate dates when the performance of the home improvement will begin and when it will be substantially completed;            (iv)    a description of the home improvement to be performed and the materials to be used;            (v)    the agreed consideration;            (vi)    the number of monthly payments and the amount of each payment, including any finance charge;            (vii)    a description of any collateral security for the obligation of the owner under the home improvement contract;            (viii)    a notice that gives the telephone number and Web site of the Commission and states that:                1.    each contractor must be licensed by the Commission; and                2.    anyone may ask the Commission about a contractor; and            (ix)    a notice set by the Commission by regulation that:                1.    specifies the protections available to consumers through the Commission; and                2.    advises the consumer of the right to purchase a performance bond for additional protection against loss.        (2)    If payment for work performed under the home improvement contract will be secured by an interest in residential real estate, a written notice in not smaller than 10 point bold type that is on the first page of the contract shall state in substantially the following form: “This contract creates a mortgage or lien against your property to secure payment and may cause a loss of your property if you fail to pay the amount agreed upon. You have the right to consult an attorney. You have the right to rescind this contract within 3 business days after the date you sign it by notifying the contractor in writing that you are rescinding the contract.”        (3)    The notice under paragraph (2) of this subsection shall be independently initialed by the homeowner.    (d)    Before the performance of a home improvement begins, the owner shall be given a copy of the home improvement contract signed by the contractor.    (e)    A salesperson or other agent or employee of a contractor may not make a change in a home improvement contract for an owner.
MD. Business Regulation Code Ann. §  8-502 (2021)
2021 Maryland Statutes|Business Regulation|Title 8 - Home Improvement|Subtitle 5 - Miscellaneous Provisions|Section 8-502 - Conduct of Salespersons

    (a)    A salesperson may not:        (1)    represent concurrently more than 1 contractor in selling a home improvement;        (2)    use a home improvement contract form that does not disclose the name of the contractor; or        (3)    choose a contractor for an owner.    (b)    For selling a home improvement, a salesperson shall:        (1)    accept compensation only from the contractor that the salesperson represents in the sale; and        (2)    pay compensation only for that contractor.
MD. Business Regulation Code Ann. §  8-503 (2021)
2021 Maryland Statutes|Business Regulation|Title 8 - Home Improvement|Subtitle 5 - Miscellaneous Provisions|Section 8-503 - Inducements

    (a)    As an inducement to make a home improvement contract, a person may not promise or offer to pay to an owner any compensation or reward for obtaining or placing home improvement business with others.    (b)    A contractor or salesperson may not offer, give, or pay to an owner a gift, bonus award, merchandise, trading stamps, or cash loan as an inducement to make a home improvement contract.    (c)    To advertise or to promote sales, a contractor or salesperson may give to a prospective customer a tangible item if:        (1)    the cost to the contractor or salesperson does not exceed $25;        (2)    the gift is not contingent on making a home improvement contract; and        (3)    the customer does not receive more than 1 item for 1 transaction.
MD. Business Regulation Code Ann. §  8-504 (2021)
2021 Maryland Statutes|Business Regulation|Title 8 - Home Improvement|Subtitle 5 - Miscellaneous Provisions|Section 8-504 - Permits

    Except for a permit for a home improvement to be performed by a property owner, the building and permits department of a county or a municipal corporation may not issue a permit for a home improvement unless the permit includes the license number of a licensed contractor.
MD. Business Regulation Code Ann. §  8-505 (2021)
2021 Maryland Statutes|Business Regulation|Title 8 - Home Improvement|Subtitle 5 - Miscellaneous Provisions|Section 8-505 - Notice of Building Code Violations

    (a)    In this section, “building code” includes a code that deals with mechanical, electrical, fire, plumbing, energy, heating, ventilation, or air conditioning matters.    (b)    A county or municipal corporation shall notify the Commission of each contractor who fails to correct a violation of the applicable local or State building code within a reasonable time after the contractor receives notice of the violation.
MD. Business Regulation Code Ann. §  8-506 (2021)
2021 Maryland Statutes|Business Regulation|Title 8 - Home Improvement|Subtitle 5 - Miscellaneous Provisions|Section 8-506 - Notification of Compliance Failure by Contrators

    (a)    In this section, “critical area” has the meaning designated under § 8–1802 of the Natural Resources Article.    (b)    The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, as established under Title 8, Subtitle 18 of the Natural Resources Article, shall notify the Commission of any contractor who, in the critical area, fails to comply with:        (1)    the terms of a State or local permit, license, or approval issued for home improvement; or        (2)    any State or local law, approved plan, or other legal requirement.
MD. Business Regulation Code Ann. §  8-801 (2021)
2021 Maryland Statutes|Business Regulation|Title 8 - Home Improvement|Subtitle 8 - Short Title; Termination of Title|Section 8-801 - Short Title

    This title is the Maryland Home Improvement Law.