reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Business Regulation › Title 7 - Collection Agencies › Subtitle 3 - Licenses › Section 7-304 - Surety Bond

(a)    With an application for a new license, an applicant shall file a surety bond with the Board.
(b)    The bond shall run to the Board, as obligee, for the benefit of:
(1)    the State; and
(2)    any member of the public who has a loss or other damage as a result of a violation of this title or the Maryland Consumer Debt Collection Act by the applicant or an agent or employee of the applicant.
(c)    The bond shall be:
(1)    in the amount of $5,000;
(2)    issued by a surety company that:
(i)    is authorized to do business in the State; and
(ii)    holds a certificate of authority issued by the Maryland Insurance Commissioner; and
(3)    conditioned that the licensee shall comply with the Maryland Consumer Debt Collection Act and any other laws applicable to consumer debt collection.
(d)    The liability of the surety:
(1)    shall be continuous;
(2)    may not be aggregated or cumulative, whether or not the bond is renewed, continued, replaced, or modified;
(3)    may not be determined by adding together the penal sum of the bond, or any part of the penal sum of the bond, in existence at any two or more points in time;
(4)    shall be considered to be one continuous obligation, regardless of increases or decreases in the penal sum of the bond;
(5)    may not be affected by:
(i)    the insolvency or bankruptcy of the licensee;
(ii)    any misrepresentation, breach of warranty, failure to pay a premium, or any other act or omission of the licensee or an agent of the licensee; or
(iii)    the suspension of the licensee’s license;
(6)    may not require an administrative enforcement action by the Board as a prerequisite to liability; and
(7)    shall continue for 3 years after the later of the date on which:
(i)    the bond is canceled; or
(ii)    the licensee, for any reason, ceases to be licensed.
(e)    (1)    A bond may be canceled by the surety or the licensee by giving notice of cancellation to the Board.
(2)    Notice under paragraph (1) of this subsection shall:
(i)    be in writing; and
(ii)    be sent by certified mail, return receipt requested.
(3)    A cancellation of a bond under this paragraph is not effective until 90 days after receipt of a notice of cancellation by the Board.
(f)    A claim against the bond may be filed with the surety by:
(1)    a claimant; or
(2)    the Board for the benefit of a claimant or the State.
(g)    If the amount of claims against a bond exceeds the amount of the bond, the surety:
(1)    shall pay the amount of the bond to the Board for pro rata distribution to claimants; and
(2)    is relieved of liability under the bond.
(h)    If the penal amount of the bond is reduced by payment of a claim or judgment, the licensee shall file a new or additional bond with the Board.
(i)    A penalty imposed against a licensee under § 7–205(b) of this title may be collected and paid from the proceeds of a bond required under this subsection.
2023 Maryland Statutes › Business Regulation › Title 7 - Collection Agencies › Subtitle 3 - Licenses › Section 7-305 - Scope of License; Multiple Licenses Authorized

(a)    A license authorizes the licensee to do business as a collection agency at only the licensed location.
(b)    Subject to § 7–301(c) of this subtitle, a licensee may hold more than 1 license under this title.
(c)    (1)    Each license provided for through NMLS shall include the following information:
(i)    the name of the licensee;
(ii)    the address at which the business is to be conducted; and
(iii)    the unique identifier of the licensee.
(2)    The unique identifier of the licensee shall constitute the license number for the license.
2023 Maryland Statutes › Business Regulation › Title 7 - Collection Agencies › Subtitle 3 - Licenses › Section 7-306 - Licenses -- Term; Renewal; Expiration

(a)    An initial license term shall:
(1)    begin on the date the license is issued; and
(2)    expire on December 31 of the year:
(i)    in which the license is issued, if the license is issued before November 1; or
(ii)    immediately following the year in which the license is issued, if the license is issued on or after November 1.
(b)    On or after November 1 of the year in which a license expires, the license may be renewed for an additional 1–year term, if the licensee:
(1)    is otherwise entitled to be licensed;
(2)    pays to the Board a nonrefundable renewal fee set by the Board;
(3)    submits a renewal application in the form and in accordance with the process that the Board requires; and
(4)    files as part of the application a surety bond as required under § 7–304 of this subtitle.
(c)    To the extent required or permitted by NMLS, the Board may determine that licenses issued under this subtitle shall expire on a staggered basis.
(d)    A licensee may not renew a license unless, before the submission of the license renewal application, the licensee has transferred the licensee’s licensing information to NMLS in accordance with § 7–301(d) of this subtitle.
2023 Maryland Statutes › Business Regulation › Title 7 - Collection Agencies › Subtitle 3 - Licenses › Section 7-306.1 - Information Posted by Licensee at Licensed Location and on Website -- Exclusion

(a)    Each licensee shall conspicuously post, in 48 point or larger type, at the licensee’s licensed location, the following information:
(1)    the licensee’s unique identifier; and
(2)    a statement advising consumers of the availability of the NMLS Consumer Access website to verify the licensing status of the licensee.
(b)    Each licensee shall conspicuously display the following information on the licensee’s website, any software application accessible to the public and used to conduct business as a collection agency, and profile page within each social media platform the licensee uses:
(1)    the licensee’s unique identifier; and
(2)    a link to the NMLS Consumer Access website.
(c)    A licensee is not required to post the information required under subsection (a) of this section if the licensee does not regularly grant access to the licensed location to members of the general public.
2023 Maryland Statutes › Business Regulation › Title 7 - Collection Agencies › Subtitle 3 - Licenses › Section 7-307 - Surrender of License

(a)    A licensee may surrender a license through NMLS in accordance with the process that the Board requires.
(b)    If a license is surrendered voluntarily, or is suspended or revoked, the Board may not refund any part of the license fee regardless of the time remaining in the license term.
(c)    The surrender of a license does not affect any civil or criminal liability of the licensee for acts committed before the license was surrendered.
2023 Maryland Statutes › Business Regulation › Title 7 - Collection Agencies › Subtitle 3 - Licenses › Section 7-307.1 - Confidentiality of Information

(a)    (1)    The requirements under any federal law and Title 4, Subtitles 1 through 5 of the General Provisions Article regarding the privacy or confidentiality of information or material provided to NMLS, and any privilege arising under federal or state law, including the rules of any federal or state court with respect to that information or material, shall continue to apply to that information or material after the information or material has been disclosed to NMLS.
(2)    The information and material may be shared with all state and federal regulatory officials having authority over the debt collection industry, including the Financial Crimes Enforcement Network and the Office of Foreign Assets Control, and any successor to these agencies, without the loss of privilege or the loss of confidentiality protections provided by federal law or Title 4, Subtitles 1 through 5 of the General Provisions Article.
(b)    The Board may:
(1)    enter into information sharing agreements with any federal or state regulatory agency having authority over collection agencies or with any federal or state law enforcement agency, including the Financial Crimes Enforcement Network and the Office of Foreign Assets Control, and any successor to these agencies, provided that the agreements prohibit the agencies from disclosing any shared information without the prior written consent from the Board regarding disclosure of the particular information; and
(2)    exchange information about collection agencies with any federal or state regulatory agency having authority over collection agencies or with any federal or state law enforcement agency.
(c)    Information or material that is subject to a privilege or confidentiality under subsection (a) of this section may not be subject to:
(1)    disclosure under any federal or state law governing the disclosure to the public of information held by an officer or agency of the federal government or a state that has received the information or material; or
(2)    subpoena, discovery, or admission into evidence, in any private civil litigation or administrative process, unless, with respect to any privilege held by NMLS, the person to whom the information or material pertains waives, in whole or in part, that privilege.
(d)    Any provisions of Title 4, Subtitles 1 through 5 of the General Provisions Article relating to the disclosure of any information or material described in subsection (a) of this section that are inconsistent with subsection (a) of this section shall be superseded by the requirements of this section.
(e)    This section does not apply to information or material relating to publicly adjudicated disciplinary and enforcement actions against a debt collection agency that is included in NMLS and designated for access by the public.
2023 Maryland Statutes › Business Regulation › Title 7 - Collection Agencies › Subtitle 3 - Licenses › Section 7-308 - Reprimands, Suspensions, and Revocations -- Grounds

(a)    Subject to the hearing provisions of § 7–309 of this subtitle, the Board may reprimand a licensee or suspend or revoke a license if the licensee or any owner, director, officer, member, partner, or agent of the licensee:
(1)    makes any material misstatement in an application for a license;
(2)    is convicted under the laws of the United States or of any state of:
(i)    a felony; or
(ii)    a misdemeanor that is directly related to the fitness and qualification of the person to engage in the collection agency business;
(3)    in connection with the collection of any consumer claim:
(i)    commits any fraud; or
(ii)    engages in any illegal or dishonest activities;
(4)    knowingly or negligently violates the Maryland Consumer Debt Collection Act; or
(5)    fails to comply with a lawful order that the Board passes under this title.
(b)    If the Board finds that a ground for suspension or revocation of a license applies to more than 1 place of business that the licensee operates, the Board may act against:
(1)    each license of the licensee; or
(2)    only the licenses to which the ground applies.
(c)    In determining whether to reprimand a licensee or to suspend or revoke a license for a reason described in subsection (a)(2) of this section, the Board shall consider:
(1)    the nature of the crime;
(2)    the relationship of the crime to the activities authorized by the license;
(3)    with  respect to a felony, the relevance of the conviction to the fitness and qualification of the licensee to engage in the collection agency business;
(4)    the length of time since the conviction; and
(5)    the behavior and activities of the licensee since the conviction.
2023 Maryland Statutes › Business Regulation › Title 7 - Collection Agencies › Subtitle 3 - Licenses › Section 7-309 - Reprimands, Suspensions, and Revocations -- Hearings; Enforcement of Orders

(a)    (1)    Except as otherwise provided in § 10-226 of the State Government Article, before the Board takes any final action under § 7-308 of this subtitle, or under § 7-205 of this title, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board.
(2)    A hearing shall be held at a time and place reasonably convenient to the parties.
(b)    The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(c)    The Board may administer oaths in connection with a proceeding under this section.
(d)    The Board may issue a subpoena for the attendance of a witness to testify at a hearing under this section, but not for investigative purposes.
(e)    If, after due notice, the person against whom the action is contemplated does not appear, nevertheless the Board may hear and determine the matter.
(f)    The Board may enforce a lawful order issued under this title by filing an action to enforce the order in the circuit court for the county:
(1)    where the licensee which is the subject of the order has its principal place of business; or
(2)    if the licensee has no principal place of business in the State, where the consumer aggrieved by the violation resides.
2023 Maryland Statutes › Business Regulation › Title 7 - Collection Agencies › Subtitle 3 - Licenses › Section 7-310 - Judicial Review

A party to a proceeding before the Board who is aggrieved by a final decision of the Board 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.
2023 Maryland Statutes › Business Regulation › Title 7 - Collection Agencies › Subtitle 4 - Prohibited Acts; Penalties › Section 7-401 - Doing Business Without License

(a)    Except as otherwise provided in this title, a person may not knowingly and willfully do business as a collection agency in the State unless the person has a license.
(b)    A person who violates this section is guilty of a misdemeanor, and on conviction, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 1 - Definitions; General Provisions › Section 8-102 - Scope of Title

(a)    This title does not apply to a transaction of:
(1)    the United States or an instrumentality of the United States; or
(2)    a state or an instrumentality or political subdivision of a state.
(b)    A county or municipal corporation of the State may not:
(1)    require a person to get authorization to do business performing or selling a home improvement; or
(2)    regulate the qualifications necessary to do that business.
(c)    This title does not limit the power of a county or municipal corporation:
(1)    to regulate the character, performance, or quality of a home improvement by having a system of inspections and permits designed to:
(i)    ensure compliance with and help to enforce applicable State and local building laws; or
(ii)    enforce other laws necessary to protect the public health and safety; or
(2)    to adopt a system of inspections and permits that requires:
(i)    submission to and approval by the county or municipal corporation of plans and specifications for an installation, before construction of the installation begins; and
(ii)    inspection of work done.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 2 - Maryland Home Improvement Commission › Section 8-202 - Membership

(a)    (1)    The Commission consists of 9 members, appointed by the Governor with the advice of the Secretary.
(2)    Of the 9 members of the Commission:
(i)    3 shall have experience in some phase of the business of home improvement;
(ii)    at least 1 shall have experience in the business of banking or finance;
(iii)    4 shall be consumer members; and
(iv)    1 shall have experience in some phase of the business of home improvement or shall be a consumer member.
(b)    Each member of the Commission shall have been a citizen and resident of the State for at least 5 years before appointment.
(c)    Each consumer member of the Commission:
(1)    shall be a member of the general public;
(2)    may not be a licensee or otherwise be subject to regulation by the Commission;
(3)    may not be required to meet the qualifications for the professional members of the Commission; and
(4)    may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Commission.
(d)    While a member of the Commission, a consumer member may not:
(1)    have a financial interest in or receive compensation from a person regulated by the Commission; or
(2)    grade any examination given by or for the Commission.
(e)    Before taking office, each appointee to the Commission shall take the oath required by Article I, § 9 of the Maryland Constitution.
(f)    (1)    The term of a member is 4 years and begins on July 1.
(2)    The terms of members are staggered as required by the terms in effect for members of the Commission on October 1, 1992.
(3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(g)    (1)    The Governor may remove a member for incompetence or misconduct.
(2)    Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, the Governor shall remove a member if the member did not attend at least two–thirds of the Commission meetings held during the prior year while the member was serving on the Commission.
(3)    The Governor may allow a member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.
(4)    In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 2 - Maryland Home Improvement Commission › Section 8-204 - Quorum; Voting; Meetings; Compensation; Office; Reports

(a)    (1)    (i)    Subject to subparagraph (ii) of this paragraph, a majority of the members then serving on the Commission is a quorum.
(ii)    A quorum may not be fewer than 4 members.
(2)    The Commission may not act unless at least a majority of the members then serving concur.
(b)    (1)    The Commission shall meet at least once every 2 months.
(2)    The Commission may hold meetings at the times and places in the State that it determines.
(c)    On or before December 1 of each year, the Commission shall report to the Senate Education, Health, and Environmental Affairs Committee and the House Economic Matters Committee, in accordance with § 2–1257 of the State Government Article, regarding:
(1)    the attendance record of each Commission meeting, disaggregated by the constituency that the attendee represents pursuant to the attendee’s appointment under § 8–202(a)(2) of this subtitle; and
(2)    how many claims were pending as of the date of each meeting.
(d)    Each member of the Commission is entitled to:
(1)    compensation in accordance with the State budget; and
(2)    reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(e)    The Commission shall have its office in Baltimore City.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 2 - Maryland Home Improvement Commission › Section 8-205 - Executive Director

(a)    (1)    The Secretary shall appoint an executive director of the Commission.
(2)    The executive director serves at the pleasure of the Secretary.
(b)    The executive director shall devote full time to the duties of office.
(c)    The executive director is entitled to:
(1)    compensation in accordance with the State budget; and
(2)    reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(d)    While employed as executive director, the executive director shall be covered by a surety bond in the form and amount required by law.
(e)    The executive director shall:
(1)    administer and operate the office of the Commission;
(2)    be responsible to the Secretary;
(3)    keep the official records of the Commission; and
(4)    keep the seal of the Commission.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 2 - Maryland Home Improvement Commission › Section 8-206 - Staff

(a)    (1)    The executive director may employ a staff in accordance with the State budget.
(2)    Except as otherwise provided by law, the staff is in the skilled service or professional service, with the exception of special appointments, in the State Personnel Management System.
(b)    The executive director shall employ an investigative staff in accordance with the State budget.
(c)    The executive director may contract with an expert, subject to the State budget, if the services of an expert are required in a particular case.
(d)    Investigative staff and contractual experts shall investigate only complaints about home improvement.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 2 - Maryland Home Improvement Commission › Section 8-207 - Regulations

(a)    The Commission may adopt and enforce regulations to carry out this title.
(b)    (1)    The executive director shall:
(i)    compile and keep in the office of the Commission a set of current regulations adopted under this title; and
(ii)    make a copy of the regulations for anyone who asks for one.
(2)    The Commission may set a fee to cover the cost of making and mailing a copy of the current regulations.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 2 - Maryland Home Improvement Commission › Section 8-208 - Administration and Enforcement by Commission

(a)    The Commission shall administer and enforce this title.
(b)    (1)    If the Commission concludes that continuing conduct of a person alleged to be in violation of this title will result in irreparable or substantial harm to any other person, the Commission may sue for:
(i)    injunctive relief against the conduct;
(ii)    an order for satisfactory completion of a home improvement contract; or
(iii)    restitution.
(2)    If the Commission sues for injunctive relief under this subsection against a person who is not licensed under this title, the Commission need not:
(i)    post bond; or
(ii)    show that no adequate remedy at law exists.
(3)    A suit under this section shall be brought in the circuit court for the county where:
(i)    the alleged violation occurs; or
(ii)    the principal place of business of the alleged violator is located.
(c)    An administrative hearing and adjudication by the Commission is not a prerequisite to prosecution of a person under § 8-601 of this title.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 2 - Maryland Home Improvement Commission › Section 8-209 - Records

(a)    The Commission shall keep available for public inspection during office hours a record of:
(1)    all licenses issued under this title;
(2)    all expirations, revocations, and suspensions of those licenses; and
(3)    all contractors represented by each salesperson who holds a license under this title.
(b)    The Commission shall collect a fee of $1 per page for each copy of a document in the Commission office.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 2 - Maryland Home Improvement Commission › Section 8-212 - Miscellaneous Powers and Duties

(a)    The Commission at any time may require of an applicant or licensee:
(1)    information reasonably related to the administration or enforcement of this title; and
(2)    the production of financial records.
(b)    The Commission shall have a seal.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 2 - Maryland Home Improvement Commission › Section 8-213 - Fees

(a)    (1)    The Commission may set by regulation reasonable fees for the Commission’s services.
(2)    The fees charged shall be:
(i)    set so as to produce funds to approximate the cost of maintaining the Commission; and
(ii)    based on the calculations performed by the Secretary under § 2–106.10 of this article.
(b)    The Commission shall publish a schedule of fees set by the Commission.
(c)    Except as otherwise provided by law, the Commission shall pay all fees collected under this title to the Comptroller.
(d)    The Comptroller shall distribute the fees to the Maryland Home Improvement Commission Special Fund established in § 2–106.9 of this article.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 3 - Licensing › Section 8-301 - License Required; Exceptions

(a)    Except as otherwise provided in this title, a person must have a contractor license whenever the person acts as a contractor in the State.
(b)    Except as otherwise provided in this title, a person must have a salesperson license or contractor license whenever the person sells a home improvement in the State.
(c)    This section does not apply to:
(1)    an individual who works for a contractor for a salary or wages but who is not a salesperson for the contractor;
(2)    a clerical employee, retail clerk, or other employee of a licensed contractor who is not a salesperson, as to a transaction on the premises of the licensed contractor;
(3)    a solicitor for a contractor who calls an owner by telephone only;
(4)    an architect, electrician, plumber, heating, ventilation, air–conditioning, or refrigeration contractor, or other person who:
(i)    is required by State or local law to meet standards of competency or experience before engaging in an occupation or profession;
(ii)    currently is licensed in that occupation or profession under State or local law; and
(iii)    is:
1.    acting only within the scope of that occupation or profession; or
2.    installing a central heating or air–conditioning system;
(5)    a security systems technician licensed under Title 18 of the Business Occupations and Professions Article;
(6)    a marine contractor licensed under Title 17, Subtitle 3 of the Environment Article; or
(7)    a person who is selling a home improvement to be performed by a person described in item (4) of this subsection.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 3 - Licensing › Section 8-302 - Examinations

(a)    An applicant for a contractor’s or salesperson’s license must pass the examination prior to submitting an application for a license.
(b)    An applicant may receive a license only if the applicant passes the examination that the Commission requires.
(c)    (1)    To take an examination, an applicant shall pay to the Commission or a testing service chosen by the Commission the examination fee set by the Commission to cover the cost of the examination.
(2)    The examination fee is nonrefundable.
(d)    (1)    The Commission shall schedule the applicant for an examination to be held within 45 days after the Commission receives an application for examination.
(2)    The examination shall be held at a location:
(i)    that is within the general geographic area where the applicant resides, if the applicant resides in the State; or
(ii)    that the Commission determines, if the applicant resides out of State.
(e)    The Commission shall give each qualified applicant notice of the time and place of examination.
(f)    (1)    Except as otherwise provided in this section, the Commission shall determine the subjects, scope, and form of and the passing score for examinations.
(2)    The examination shall test:
(i)    the applicant’s knowledge of the law about home improvement; and
(ii)    the applicant’s competency to engage in the licensed occupation.
(3)    The competency part of the examination may be oral or written.
(g)    (1)    The Commission may use a testing service to administer the examinations given under this section.
(2)    If the Commission uses a testing service under this subsection, the testing service, subject to the requirements set by the Commission, may:
(i)    set the time and place of examinations;
(ii)    give qualified applicants notice of the time and place of examinations; and
(iii)    furnish any other information that the Commission may require the testing service to provide.
(h)    Within 30 days after the first meeting of the Commission after an examination date, the Commission shall notify an applicant in writing of the examination score of the applicant.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 3 - Licensing › Section 8-302.2 - Contractor License -- Qualifications of Applicants

An applicant for a contractor license shall have:
(1)    at least 2 years of trade experience that is satisfactory to the Commission, under regulations adopted by the Commission; or
(2)    comparable educational training to be determined by regulations adopted by the Commission.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 3 - Licensing › Section 8-305 - Approval or Denial of License

(a)    Within 30 days after the first meeting of the Commission after submission of a completed application, the Commission shall notify an applicant in writing:
(1)    whether the application for a license is approved or denied; and
(2)    of the reasons for denial, if the application is denied.
(b)    (1)    If the application is denied, the applicant, within 10 days after the notice of denial is mailed, may request a hearing.
(2)    The hearing shall be held in accordance with § 8-312 of this subtitle within 30 days after the date that the Commission receives the request.
(3)    The Commission shall make a decision within a reasonable time, but not later than 60 days after the hearing.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 3 - Licensing › Section 8-306 - Issuance of License

(a)    The Commission shall issue a license to each applicant who meets the requirements of this subtitle.
(b)    The Commission:
(1)    may issue a salesperson license only to an individual; and
(2)    may not issue a salesperson license unless the Commission has received from a licensed contractor written notice, signed by both the licensed contractor and salesperson, of an employment or other contractual relationship between the licensed contractor and salesperson.
(c)    Except as otherwise provided in subsection (d) of this section, the Commission may not issue a license to an applicant for a contractor license or salesperson license who has been convicted of violating § 8–601 of this title.
(d)    The Commission may issue a contractor license or salesperson license to an applicant who has been convicted of violating § 8–601 of this title if:
(1)    the Commission determines that the applicant has settled all outstanding obligations; and
(2)    1 year has passed since the date of conviction.
(e)    The Commission may not issue a contractor license to an applicant unless the applicant has submitted to the Commission proof of compliance with the insurance requirement of § 8-302.1 of this subtitle.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 3 - Licensing › Section 8-307 - Scope of License

(a)    A contractor license authorizes the licensee to act as a contractor or subcontractor and to sell a home improvement.
(b)    A salesperson license authorizes the licensee to sell a home improvement.
(c)    A license issued under this subtitle does not authorize the licensee to engage in a business or provide a service that may be engaged in or provided only by a person licensed under other State or local law.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 3 - Licensing › Section 8-308.1 - Inactive Status

(a)    The Commission shall place the license of a licensee on inactive status, and issue an inactive status certificate to the licensee, if the licensee:
(1)    submits to the Commission an application for inactive status on the form that the Commission provides;
(2)    pays to the Commission an inactive status application fee set by the Commission;
(3)    except for the liability insurance requirement of § 8–302.1 of this subtitle, qualifies for an active license; and
(4)    returns the license of the licensee to the Commission.
(b)    (1)    The holder of a contractor license that is on inactive status may not act as a contractor in the State.
(2)    The holder of a salesperson license that is on inactive status may not sell a home improvement in the State.
(c)    (1)    The holder of a contractor license that is on inactive status is not required to meet the liability insurance requirement of § 8–302.1 of this subtitle.
(2)    The holder of a contractor license that is on inactive status is not subject to an assessment for the Fund under § 8–404(b) of this title.
(d)    The placement of a license on inactive status does not affect the power of the Commission to suspend or revoke the license or to take any other disciplinary action against the licensee.
(e)    (1)    A licensee whose license is on inactive status remains responsible for renewing the license as required under § 8–308 of this subtitle.
(2)    The holder of a contractor license that is on inactive status may renew the license without complying with the liability insurance requirement of § 8–302.1 of this subtitle.
(3)    A licensee whose license is on inactive status shall pay to the Commission a renewal fee set by the Commission.
(f)    The Commission shall reactivate the license of a licensee that is on inactive status and reissue the license to the licensee, if the licensee:
(1)    submits to the Commission an application for reactivation on the form that the Commission provides;
(2)    pays to the Commission a reissuance fee set by the Commission; and
(3)    meets the requirements for a license, including, in the case of a contractor, the liability insurance requirement under § 8–302.1 of this subtitle.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 3 - Licensing › Section 8-310 - Relationship of Salespersons and Contractors

(a)    A salesperson may not represent more than 2 contractors at a time.
(b)    Before an individual becomes a salesperson for a contractor, the individual shall tell:
(1)    that contractor the name of each other contractor for whom the individual currently is a salesperson; and
(2)    each contractor for whom the individual currently is a salesperson the name of the contractor for whom the individual plans to become a salesperson.
(c)    When an individual ceases to be a salesperson for a contractor, the contractor shall give the Commission written notice of the cessation.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 3 - Licensing › Section 8-312 - Denials, Reprimands, Suspensions, and Revocations -- Hearings

(a)    Except as otherwise provided in § 10–226 of the State Government Article, before the Commission takes any final action under § 8–311 of this subtitle, or if requested under § 8–620(c) of this title, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Commission or, as provided under § 8–313 of this subtitle, a hearing board.
(b)    The Commission shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(c)    The Commission may administer oaths in a proceeding under this section.
(d)    The hearing notice to be given to the person shall be sent at least 10 days before the hearing by certified mail to the business address of the licensee on record with the Commission.
(e)    (1)    For purposes of this subsection, the State is divided into:
(i)    the region that includes Allegany, Carroll, Frederick, Garrett, and Washington counties;
(ii)    the region that includes Anne Arundel, Calvert, Charles, and St. Mary’s counties;
(iii)    the region that includes Baltimore City and Baltimore and Howard counties;
(iv)    the region that includes Caroline, Cecil, Dorchester, Harford, Kent, Queen Anne’s, Somerset, Talbot, Wicomico, and Worcester counties; and
(v)    the region that includes Montgomery and Prince George’s counties.
(2)    The Commission shall set the time and place of the hearing but shall hold the hearing in the appropriate region to accommodate the needs of:
(i)    disabled witnesses;
(ii)    indigent witnesses; or
(iii)    a majority of witnesses.
(f)    The person may be represented at the hearing by counsel.
(g)    In connection with a proceeding under this section, the Commission may:
(1)    issue subpoenas for the attendance of witnesses to testify or to produce evidence; and
(2)    take testimony in the same manner and with the same fees and compensation for mileage as provided in civil cases in the State.
(h)    If, after due notice, the person against whom the action is contemplated does not appear, nevertheless the Commission may hear and determine the matter.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 $30,000 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.
2023 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.
2023 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.