reglab/housing_qa huggingface dataset:
MD. Business Regulation Code Ann. §  4.5-502 (2021)
2021 Maryland Statutes|Business Regulation|Title 4.5 - Home Builder Registration|Subtitle 5 - Prohibited Acts; Penalties|Section 4.5-502 - Civil Administrative Action

    (a)    Subject to the notice and hearing provisions of Title 10, Subtitle 2 of the State Government Article, the Division may bring a civil administrative action against a person that violates § 4.5-501(a) of this subtitle.    (b)    After a hearing, if the Division finds that a person has violated § 4.5-501(a) of this subtitle, the Division may:        (1)    order the person to cease and desist from unlawful practice; and        (2)    impose a civil penalty of not more than $1,000 for each day of unlawful practice.    (c)    Any party aggrieved by a decision and order of the Division under this section may file an appeal as provided under §§ 10-222 and 10-223 of the State Government Article.
MD. Business Regulation Code Ann. §  4.5-503 (2021)
2021 Maryland Statutes|Business Regulation|Title 4.5 - Home Builder Registration|Subtitle 5 - Prohibited Acts; Penalties|Section 4.5-503 - Advertising Without Registration Number

    A person may not advertise in any way that the person is registered under this title unless the advertisement states the home builder registration number of the person in one of the following forms:    “Maryland Home Builder Registration No. ____”; or    “MHBR No. ____”.
MD. Business Regulation Code Ann. §  4.5-504 (2021)
2021 Maryland Statutes|Business Regulation|Title 4.5 - Home Builder Registration|Subtitle 5 - Prohibited Acts; Penalties|Section 4.5-504 - Criminal Penalty

    (a)    This section only applies if there is no greater criminal penalty provided under this title or other applicable law.    (b)    A person who engages in repeated violations of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500.
MD. Business Regulation Code Ann. §  4.5-601 (2021)
2021 Maryland Statutes|Business Regulation|Title 4.5 - Home Builder Registration|Subtitle 6 - Miscellaneous Provisions|Section 4.5-601 - Permits

    (a)    Except for a building permit for construction to be performed directly by a landowner solely for the landowner’s own use, the building and permits department of a county may not issue a permit for home building unless:        (1)    the permit includes the home builder registration number of a registrant; and        (2)    the person pays the Guaranty Fund fee required under § 4.5–704 of this title.    (b)    Before issuing a permit for home building to a landowner, the building and permits department of a county shall obtain the signature of the landowner affirming that the permit is being issued solely for the purpose of the landowner performing work on the landowner’s own property.    (c)    Nothing in this section shall be construed to relieve a registrant from the obligation to obtain all other permits, licenses, and other authorizations for the construction of a new home.
MD. Business Regulation Code Ann. §  4.5-602 (2021)
2021 Maryland Statutes|Business Regulation|Title 4.5 - Home Builder Registration|Subtitle 6 - Miscellaneous Provisions|Section 4.5-602 - "Building Code" Defined; Notice of Building Code Violations

    (a)    In this section, “building code” includes a code provision concerning mechanical, electrical, fire, plumbing, energy, heating, ventilation, or air-conditioning matters.    (b)    A county or municipal corporation shall notify the Director of each registrant who fails to correct a violation of the applicable local or State building code within a reasonable time after the registrant receives notice of the violation.
MD. Business Regulation Code Ann. §  4.5-603 (2021)
2021 Maryland Statutes|Business Regulation|Title 4.5 - Home Builder Registration|Subtitle 6 - Miscellaneous Provisions|Section 4.5-603 - Information Required for Initial New Home Sale

    (a)    (1)    This subsection applies only to a development that contains 11 or more new homes to be built by the same registrant.        (2)    Prior to the execution of any contract for the initial sale of a new home, a registrant shall provide the purchaser with written information about any energy–efficient options, including a statement that tax credits may be available related to the energy–efficient options, that are available for installation in the home before construction of the home is completed.    (b)    A registrant shall include in any contract for the initial sale of a new home the information required under § 14–117(a)(3), (i), and (m) of the Real Property Article, if applicable.
MD. Business Regulation Code Ann. §  4.5-604 (2021)
2021 Maryland Statutes|Business Regulation|Title 4.5 - Home Builder Registration|Subtitle 6 - Miscellaneous Provisions|Section 4.5-604 - Industrialized Building

    A home builder who installs an industrialized building intended for residential use or a mobile home is responsible to the owner for correcting any defects in any component incorporated into the new home except for those industrialized buildings or mobile homes that are the responsibility of the manufacturer of the industrialized building and mobile home pursuant to Title 12, Subtitle 3 of the Public Safety Article.
MD. Business Regulation Code Ann. §  4.5-605 (2021)
2021 Maryland Statutes|Business Regulation|Title 4.5 - Home Builder Registration|Subtitle 6 - Miscellaneous Provisions|Section 4.5-605 - Contracts With Unregistered Home Builders

    A contract for the performance of any act for which a home builder registration number is required is not enforceable unless the home builder was registered at the time that the contract was signed by the owner.
MD. Business Regulation Code Ann. §  4.5-701 (2021)
2021 Maryland Statutes|Business Regulation|Title 4.5 - Home Builder Registration|Subtitle 7 - Home Builder Guaranty Fund|Section 4.5-701 - "Actual Loss" Defined

    In this subtitle, “actual loss” means:        (1)    the costs of restoration, repair, replacement, or completion that arise from:            (i)    the incomplete construction of a new home or the breach of an express or implied warranty, as defined in §§ 10–202 and 10–203 of the Real Property Article; or            (ii)    the failure to meet standards or guidelines required in § 14–117 of the Real Property Article; or        (2)    deposits or other payments made to a home builder required to be held in an escrow account or protected by a surety bond or irrevocable letter of credit under § 10–301 or § 10–504 of the Real Property Article, that are not returned to a consumer who is entitled to a return of the deposit or other payments.
MD. Business Regulation Code Ann. §  4.5-702 (2021)
2021 Maryland Statutes|Business Regulation|Title 4.5 - Home Builder Registration|Subtitle 7 - Home Builder Guaranty Fund|Section 4.5-702 - Authority to Take Disciplinary Action Not Limited

    This subtitle does not:        (1)    limit the authority of the Division to take disciplinary action against a registrant under this subtitle;        (2)    limit the availability of other remedies to a claimant; or        (3)    require a claimant to exhaust administrative remedies before the Division before bringing an action to court.
MD. Business Regulation Code Ann. §  4.5-703 (2021)
2021 Maryland Statutes|Business Regulation|Title 4.5 - Home Builder Registration|Subtitle 7 - Home Builder Guaranty Fund|Section 4.5-703 - Home Builder Guaranty Fund Established

    (a)    The Division shall:        (1)    establish a Home Builder Guaranty Fund; and        (2)    maintain the Guaranty Fund at a level of at least $1,000,000.    (b)    (1)    The Division shall deposit all money collected under § 4.5–704 of this subtitle in the Guaranty Fund.        (2)    (i)    The State Treasurer is the custodian of the Guaranty Fund.            (ii)    The Guaranty Fund shall be invested and reinvested in the same manner as other State funds.            (iii)    The State Treasurer shall deposit payments received from the Division under this section into the Guaranty Fund.            (iv)    Investment earnings shall be credited to the Guaranty Fund.    (c)    The Division shall administer the Guaranty Fund in accordance with this subtitle.    (d)    The direct and indirect costs incurred for the administration of and enforcement related to the Guaranty Fund shall be paid from the Registration Fund established under § 4.5–203 of this title.    (e)    The accounts and transactions of the Guaranty Fund shall be subject to audit by the Legislative Auditor in accordance with  §§ 2–1220 through 2–1227 of the State Government Article.
MD. Business Regulation Code Ann. §  4.5-704 (2021)
2021 Maryland Statutes|Business Regulation|Title 4.5 - Home Builder Registration|Subtitle 7 - Home Builder Guaranty Fund|Section 4.5-704 - Guaranty Fund Fee

    (a)    (1)    Subject to the provisions of subsection (c) of this section, a home builder shall pay to a county or a municipal corporation a Guaranty Fund fee per home or residential unit as set by the Division under subsection (c) of this section with each application for a permit for construction of a new home or multiple–unit development.        (2)    The home builder may collect the Guaranty Fund fee from the consumer.        (3)    (i)    Subject to the provisions of subparagraph (ii) of this paragraph, each month, a county or municipal corporation shall remit all the Guaranty Fund fees to the Division to be deposited in the Guaranty Fund.            (ii)    A county or municipal corporation may retain up to 2% of the Guaranty Fund fee revenue that it collects under this subtitle to cover reasonable administrative costs for collection and processing of the Guaranty Fund fee.        (4)    The Guaranty Fund fee may be deposited only in the Guaranty Fund.    (b)    If a registrant fails to pay the Guaranty Fund fee, the registrant’s home builder registration is suspended until the fee is paid.    (c)    The Division shall set the amount of the Guaranty Fund fee required under subsection (a) of this section so as to not exceed $50 per residential unit and to maintain the Guaranty Fund level required under § 4.5–703(a) of this subtitle.
MD. Business Regulation Code Ann. §  4.5-706 (2021)
2021 Maryland Statutes|Business Regulation|Title 4.5 - Home Builder Registration|Subtitle 7 - Home Builder Guaranty Fund|Section 4.5-706 - Proceedings for Recovery

    (a)    To begin a proceeding to recover from the Guaranty Fund, a claimant shall submit to the Division’s mediation unit a written complaint that states:        (1)    the amount claimed based on the actual loss;        (2)    the facts giving rise to the claim;        (3)    whether there is other evidence that supports the claim, including expert reports, photographs, or videotapes and that the evidence is included with the complaint;        (4)    what documents are related to the claim and that copies of the documents are attached, including the contract of sale; and        (5)    any other information that the Division requires.    (b)    The Division’s mediation unit shall:        (1)    send a copy of the complaint to the registrant alleged to be responsible for the actual loss;        (2)    require a written response to the complaint within 30 days that includes:            (i)    any evidence the registrant has concerning the claim, including expert reports, photographs, or videotapes; and            (ii)    any other information that the Division requires;        (3)    attempt to resolve the complaint through mediation, taking into consideration applicable laws, including express and implied warranties and the provisions of § 4.5–401 of this title; and        (4)    refer the complaint to the Division as a claim against the Guaranty Fund if:            (i)    1.    the home builder fails to respond as required by this section;                2.    the mediation unit concludes that the complaint cannot be resolved through mediation; or                3.    in mediation, the parties do not mutually agree to an arbitrator; and            (ii)    the claimant executes a claim form prepared by the Division stating under oath that the claimant wishes to seek recovery from the Guaranty Fund.    (c)    (1)    If a claimant’s new home contract includes a written agreement with a registrant to submit a dispute to arbitration and the agreement authorizes:            (i)    the registrant to select the arbitrator or the arbitration service, the claimant may elect whether to first seek recovery from the Guaranty Fund or submit the dispute to arbitration; or            (ii)    if the claimant’s new home contract provides for mutual selection of the arbitration service and the claimant and registrant have mutually agreed on an arbitration service, the claimant must submit the dispute to arbitration prior to seeking recovery from the Guaranty Fund.        (2)    If the claimant and the registrant submit the dispute to arbitration under the written agreement in the contract and the arbitrator makes a final judgment or final award in favor of the claimant:            (i)    the claimant may make a claim against the Guaranty Fund; but            (ii)    if the registrant pays the award amount to the claimant within 90 days of the final award, the Division shall dismiss the claim against the Guaranty Fund.
MD. Business Regulation Code Ann. §  4.5-707 (2021)
2021 Maryland Statutes|Business Regulation|Title 4.5 - Home Builder Registration|Subtitle 7 - Home Builder Guaranty Fund|Section 4.5-707 - Notice, Hearings, and Review

    (a)    The procedures for notice, hearings, and judicial review that apply to proceedings under Title 3, Subtitle 2 of the Courts and Judicial Proceedings Article also apply to proceedings to recover from the Guaranty Fund.    (b)    On receipt of a claim, the Division shall:        (1)    send a copy of the claim to the registrant alleged to be responsible for the actual loss; and        (2)    require a written response to the claim within 30 days.    (c)    (1)    The Division:            (i)    shall review the claim and any response to it; and            (ii)    may refer the claim for investigation.        (2)    On the basis of its review and any investigation, the Division may:            (i)    set the matter for a hearing with the Office of Administrative Hearings;            (ii)    dismiss the claim, if the claim is frivolous, legally insufficient, or made in bad faith; or            (iii)    if the total claim against a particular registrant does not exceed $7,500, issue a proposed order to pay all or part of the claim or deny the claim.    (d)    (1)    The Division shall send a proposed order issued under subsection (c)(2)(iii) of this section to the claimant and the registrant, at the most recent address on record with the Division, 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 registrant may submit to the Division:            (i)    a written request for a hearing before the Division; or            (ii)    a written exception to the proposed order.        (3)    If the claimant or registrant submits a timely exception to the proposed order, the Division may:            (i)    issue a revised proposed order;            (ii)    set a hearing on the claim; or            (iii)    dismiss the claim.        (4)    Unless the claimant or registrant submits a timely request for a hearing or timely exception, the proposed order is final.    (e)    At a hearing on a claim, the claimant has the burden of proof.    (f)    A claimant and registrant may participate in a Guaranty Fund proceeding without representation by counsel.
MD. Business Regulation Code Ann. §  4.5-708 (2021)
2021 Maryland Statutes|Business Regulation|Title 4.5 - Home Builder Registration|Subtitle 7 - Home Builder Guaranty Fund|Section 4.5-708 - Joinder of Proceedings

    (a)    (1)    The Division may join a proceeding on a claim against the Guaranty Fund with a disciplinary proceeding against a registrant under this subtitle 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 § 4.5–702(2) of this subtitle, a claimant may not concurrently submit a claim to recover from the Guaranty Fund and bring an action in a court of competent jurisdiction against a registrant based on the same facts alleged in the claim.        (2)    If, after filing a claim, the claimant brings an action in a court of competent jurisdiction based on the same facts alleged in the pending claim, the Division shall stay its proceedings on the claim until there is a final judgment and all rights to appeal are exhausted.        (3)    To the extent that a final judgment or final award in arbitration is based on the same factual and legal issues alleged in a pending claim, the Division shall:            (i)    approve the claim against the Guaranty Fund, if the judgment or award is decided in favor of the claimant and the registrant has failed to pay the judgment or award; or            (ii)    dismiss the claim against the Guaranty Fund, if the judgment or award is decided in favor of the registrant.
MD. Business Regulation Code Ann. §  4.5-709 (2021)
2021 Maryland Statutes|Business Regulation|Title 4.5 - Home Builder Registration|Subtitle 7 - Home Builder Guaranty Fund|Section 4.5-709 - Appeals

    A party to a proceeding before the Division who is aggrieved by a final decision of the Division 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. §  4.5-710 (2021)
2021 Maryland Statutes|Business Regulation|Title 4.5 - Home Builder Registration|Subtitle 7 - Home Builder Guaranty Fund|Section 4.5-710 - Payment of Claims

    (a)    The Division may order payment of a claim against the Guaranty Fund only if:        (1)    the decision or order of the Division 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 Division 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 made findings of fact that support the claimant’s right to recover under § 4.5–705(a) of this subtitle; and            (ii)    has found the value of the actual loss.    (b)    (1)    Except as otherwise provided in this subsection, the Division shall pay approved claims in the order submitted.        (2)    If approved claims submitted to the Division against a registrant exceed $500,000, less the amount of unreimbursed claim payments previously made for the registrant, the Division may pay the approved claims proportionately so that each claimant receives the same percentage payment of the claims.        (3)    After the Guaranty Fund is reimbursed, the Division shall pay unsatisfied approved claims.    (c)    If there is not enough money in the Guaranty Fund to pay an approved claim wholly or partially, the Division shall pay the unpaid claim:        (1)    when enough money is deposited in the Guaranty Fund; and        (2)    in the order that each claim originally was filed with a court of competent jurisdiction or submitted to the Division.
MD. Business Regulation Code Ann. §  4.5-712 (2021)
2021 Maryland Statutes|Business Regulation|Title 4.5 - Home Builder Registration|Subtitle 7 - Home Builder Guaranty Fund|Section 4.5-712 - Suspension of Registration Pending Reimbursement of Fund

    (a)    If the Division pays a claim against the Guaranty Fund based on an act or omission of a registrant, the Division may suspend the home builder registration until the registrant reimburses the Fund in full for:        (1)    the amount paid from the Guaranty Fund; and        (2)    interest on that amount at a rate determined by the Division so as not to exceed the legal rate of interest on a judgment in place at the time a claim is approved.    (b)    Reimbursement of the Guaranty Fund in full by a registrant, by itself, does not nullify or modify the effect of a disciplinary proceeding against a registrant.    (c)    If a home builder holds a license or registration in Montgomery County, the county may suspend the license as provided in this section.
MD. Business Regulation Code Ann. §  4.5-801 (2021)
2021 Maryland Statutes|Business Regulation|Title 4.5 - Home Builder Registration|Subtitle 8 - Short Title|Section 4.5-801 - Short Title

    This title may be cited as the Maryland Home Builder Registration Act.
MD. Business Regulation Code Ann. §  5-102 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 1 - Definitions; General Provisions|Section 5-102 - Exemptions From Title

    (a)    The registration and permitting provisions of this title do not apply to:        (1)    a person that owns and operates a bona fide religious–nonprofit cemetery in this State;        (2)    a cemetery owned by a nonprofit organization created before 1900 by an act of the General Assembly;        (3)    a county, city, or municipal corporation that owns and operates a cemetery in the State;        (4)    a veterans’ cemetery operated by the State; or        (5)    a private family cemetery that does not conduct public sales.    (b)    This title does not apply to:        (1)    the operation of a funeral establishment, including the sale of burial goods in the ordinary course of the funeral establishment’s business;        (2)    the operation or ownership of a crematory in which a person who is licensed and regulated under Title 7 of the Health Occupations Article owns a greater percentage of the crematory than a registered cemeterian, registered seller, or holder of a permit for the operation of a cemetery or burial goods business;        (3)    the operation or ownership of a crematory or incinerator at a licensed medical facility or educational institution;        (4)    a licensed funeral director acting within the scope of the funeral director’s license; or        (5)    a mortician acting within the scope of the mortician’s license.
MD. Business Regulation Code Ann. §  5-201 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 2 - Office of Cemetery Oversight|Section 5-201 - Office of Cemetery Oversight; Advisory Council on Cemetery Operations

    (a)    There is an Office of Cemetery Oversight in the Department.    (b)    The Office exercises its rights, powers, and duties subject to the authority of the Secretary.    (c)    (1)    The Secretary shall appoint an Advisory Council on Cemetery Operations.        (2)    The Advisory Council consists of 12 members.        (3)    Of the 12 members of the Advisory Council:            (i)    three shall be registered cemeterians representing the for–profit cemetery industry;            (ii)    one shall be a registered cemeterian representing a nonprofit cemetery;            (iii)    one shall be a registered seller from a monument company;            (iv)    one shall be a representative from a religious cemetery;            (v)    one shall be a representative from a crematory; and            (vi)    five shall be consumer members.        (4)    The Advisory Council shall be convened at least four times a year to give advice to the Secretary and the Director.        (5)    In addition to the required meetings, the Advisory Council may meet as necessary.    (d)    The term of a member is 3 years.