reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 7 - Prohibited Acts; Penalties › Section 16-701.2 - Grounds for Denials, Reprimands, Suspensions, Revocations, and Penalties -- Appraisal Management Companies

(a)    Subject to the hearing provisions of § 16–602 of this title, the Commission may deny registration to any applicant for registration as an appraisal management company, reprimand any registered appraisal management company, or suspend or revoke the registration of an appraisal management company if the applicant or registrant:
(1)    fraudulently or deceptively obtains or attempts to obtain registration for the applicant or registrant or for another;
(2)    fraudulently or deceptively uses a registration;
(3)    under the laws of the United States or any state is convicted of:
(i)    a felony; or
(ii)    a misdemeanor that is directly related to the fitness and qualifications of the registrant to provide appraisal management services;
(4)    violates or attempts to violate any provision of this title;
(5)    violates or attempts to violate any regulation adopted under this title; or
(6)    violates § 14–127 of the Real Property Article.
(b)    (1)    Instead of or in addition to reprimanding a registrant or suspending or revoking a registration under this section, the Commission may impose a penalty not exceeding $25,000 for each violation.
(2)    To determine the amount of the penalty imposed, the Commission shall consider:
(i)    the seriousness of the violation;
(ii)    the harm caused by the violation;
(iii)    the good faith of the registrant; and
(iv)    any history of previous violations by the registrant.
(3)    The Commission shall pay any penalty collected under this subsection into the General Fund of the State.
(c)    The Commission shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a registration or the reprimand of a registrant when an applicant or registrant is convicted of a felony or a misdemeanor described in subsection (a)(3) of this section:
(1)    the nature of the crime;
(2)    the relationship of the crime to the activities authorized by the registration;
(3)    with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or registrant to provide appraisal management services;
(4)    the length of time since the conviction; and
(5)    the behavior and activities of the applicant or registrant before and after the conviction.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 7 - Prohibited Acts; Penalties › Section 16-702 - Providing Real Estate Appraisal Services Without License

After June 30, 1991, and except as otherwise provided in this title, a person may not provide, attempt to provide, or offer to provide real estate appraisal services in the State unless licensed by the Commission as a real estate appraiser.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 7 - Prohibited Acts; Penalties › Section 16-703 - Providing Certified Real Estate Appraisal Services Without Certification

Except as otherwise provided in this title, a person may not provide, attempt to provide, or offer to provide certified real estate appraisal services in the State unless certified by the Commission as a real estate appraiser.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 7 - Prohibited Acts; Penalties › Section 16-703.1 - Home Inspection Services Without a License

Except as otherwise provided in this title, a person may not provide, attempt to provide, or offer to provide home inspection services in this State unless licensed as a home inspector by the Commission.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 7 - Prohibited Acts; Penalties › Section 16-703.2 - Certification of Inspection of Rental Dwelling

(a)    This section applies only in Baltimore City.
(b)    A licensed home inspector conducting an inspection of a rental dwelling under Article 13, § 5–7 of the Baltimore City Code may not make a certification as a part of that inspection relating to:
(1)    the presence or identification of pests, unless the home inspector is certified as a pest control consultant, pest control applicator, or public agency applicator under § 5–207 of the Agriculture Article; or
(2)    the dwelling’s electrical system, unless the home inspector has completed a minimum of 8 hours of training in electrical systems certified by the Baltimore City Housing Commissioner.
(c)    The electrical training required under subsection (b)(2) of this section shall be in addition to the training required under Subtitle 3A of this title.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 7 - Prohibited Acts; Penalties › Section 16-704 - Misrepresentation of Licensed Status

Unless authorized under this title to provide real estate appraisal services, a person may not represent to the public, by use of a title, including “licensed real estate appraiser”, by description of services, methods, or procedures, or otherwise, that the person is authorized to provide real estate appraisal services in the State.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 7 - Prohibited Acts; Penalties › Section 16-705 - Misrepresentation of Certified Status

(a)    Unless authorized under this title to provide certified real estate appraisal services, a person may not represent to the public, by use of a title, including “certified real estate appraiser”, by description of services, methods, or procedures, or otherwise, that the person is authorized to provide certified real estate appraisal services in the State.
(b)    A person may not use the title “certified real estate appraiser” after or with the name or signature of a firm, partnership, corporation, or group in a way that the title could be interpreted to refer to anyone other than the individual who is certified under this title.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 7 - Prohibited Acts; Penalties › Section 16-705.1 - Representation to the Public

Unless authorized under this title to provide home inspection services, a person may not represent to the public, by use of a title, including “licensed home inspector”, by description of services, methods, or procedures, or otherwise, that the person is authorized to provide home inspection services in the State.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 7 - Prohibited Acts; Penalties › Section 16-706 - Criminal Penalties

(a)    Except for a violation of § 16–703.2 of this subtitle, a person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.
(b)    (1)    The Commission may impose on a person who violates any provision of this title a penalty not exceeding $5,000 for each violation.
(2)    In setting the amount of the penalty, the Commission shall consider:
(i)    the seriousness of the violation;
(ii)    the harm caused by the violation;
(iii)    the good faith of the violator;
(iv)    any history of previous violations by the violator; and
(v)    any other relevant factors.
(3)    The Commission shall pay any penalty collected under this subsection into the General Fund of the State.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 7 - Prohibited Acts; Penalties › Section 16-707 - Civil Penalties

(a)    The Commission may impose on a person who violates this title a civil penalty not exceeding $5,000 for each violation, whether or not the person is licensed or holds a certificate under this title.
(b)    In setting the amount of a civil penalty, the Commission shall consider:
(1)    the seriousness of the violation;
(2)    the good faith of the violator;
(3)    any previous violations;
(4)    the harmful effect of the violation on the complainant, the public, and the business of home inspections or real estate appraisals;
(5)    the assets of the violator; and
(6)    any other relevant factors.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 8 - Short Title; Termination of Title › Section 16-801 - Short Title

This title may be cited as the “Maryland Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors Act”.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 8 - Short Title; Termination of Title › Section 16-802 - Termination of Title

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all regulations adopted under this title shall terminate and be of no effect after July 1, 2023.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 1 - Definitions; General Provisions › Section 17-102 - Scope of Title

This title does not apply to:
(1)    a person while acting under a judgment or order of a court;
(2)    a public officer while performing the duties of office;
(3)    a person while engaging in a single transaction that involves the sale or lease of any real estate under a power of attorney executed by the owner of the real estate;
(4)    a licensed auctioneer while selling any real estate at public auction;
(5)    an owner or lessor of any real estate while managing, leasing, or selling the real estate, unless the primary business of the owner or lessor is providing real estate brokerage services; or
(6)    a person while acting in the capacity of:
(i)    a receiver;
(ii)    a trustee;
(iii)    a personal representative; or
(iv)    a guardian.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 2 - State Real Estate Commission › Section 17-203 - Chairman

(a)    From among its members, the Commission annually shall elect a chairman.
(b)    (1)    The term of the chairman is 1 year.
(2)    At the end of a term, the chairman may be reelected.
(c)    The chairman shall perform the duties that this title and the Commission require.
(d)    While in office, the chairman shall be covered by a surety bond in the form and amount required by law.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 2 - State Real Estate Commission › Section 17-204 - Quorum; Meetings; Compensation

(a)    A majority of the members then serving on the Commission is a quorum.
(b)    (1)    The Commission shall meet at least once a month, at the times and places that the Commission determines.
(2)    Within a reasonable time after giving notice to the Commission, a member of the public is entitled to be heard, at a meeting of the Commission, on any matter within the jurisdiction of the Commission.
(c)    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.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 2 - State Real Estate Commission › Section 17-205 - Executive Director

(a)    (1)    The Secretary shall appoint the executive director of the Commission from a list of 3 nominees submitted by the Commission.
(2)    The executive director serves at the pleasure of the Secretary.
(b)    The executive director shall:
(1)    possess a broad knowledge of generally accepted practices in the real estate business in the State; and
(2)    be reasonably well informed of the general laws that govern agency and contracts for the conveyance or leasing of real estate.
(c)    (1)    The executive director shall devote full time to the duties of office.
(2)    The executive director may not hold any position or engage in another business that:
(i)    interferes with the position of executive director; or
(ii)    might conflict with the position of executive director.
(3)    While employed by the Commission, the executive director may not:
(i)    be licensed in any state as a real estate broker, an associate real estate broker, or a real estate salesperson;
(ii)    engage in any act for which a license is required under this title; or
(iii)    in connection with any real estate transaction, directly or indirectly receive or become entitled to receive any fee, perquisite, or compensation.
(d)    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.
(e)    The executive director is a special appointment in the State Personnel Management System.
(f)    While employed as executive director, the executive director shall be covered by a surety bond in the form and amount required by law.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 2 - State Real Estate Commission › Section 17-206 - Staff

(a)    The Commission may employ a staff in accordance with the State budget.
(b)    The Commission, in accordance with the State budget, may employ an investigative staff to conduct investigations.
(c)    While employed by the Commission, an individual may not:
(1)    be licensed in any state as a real estate broker, an associate real estate broker, or a real estate salesperson;
(2)    engage in any act for which a license is required under this title; or
(3)    in connection with any real estate transaction, directly or indirectly receive or become entitled to receive any fee, perquisite, or compensation.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 2 - State Real Estate Commission › Section 17-207 - Code of Ethics

(a)    To protect the interests of the public, the Commission shall adopt, by regulation, a code of ethics to set standards of conduct for all individuals licensed under this title.
(b)    The Commission:
(1)    at least once every 2 years, shall provide a copy of the code of ethics to each licensee; and
(2)    on request of any person, shall make available a copy of the code of ethics to that person.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 2 - State Real Estate Commission › Section 17-208 - Regulations and Bylaws

(a)    The Commission may adopt:
(1)    reasonable bylaws for the conduct of its proceedings;
(2)    reasonable regulations for the conduct of hearings;
(3)    reasonable regulations to govern applications for licenses; and
(4)    subject to subsection (c) of this section, reasonable regulations to carry out this title.
(b)    The Commission shall adopt guidelines that establish a schedule for the prompt and timely processing and resolution of each complaint made to the Commission.
(c)    The Commission may not adopt a regulation that would allow the issuance of a conditional or temporary license.
(d)    The Commission:
(1)    at least once every 2 years, shall provide a copy of the regulations adopted under this title to each licensee; and
(2)    on request of any person, shall make available a copy of the regulations to that person.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 2 - State Real Estate Commission › Section 17-209 - Enforcement Powers

(a)    (1)    The Commission shall administer and enforce the provisions of this title.
(2)    In connection with any disciplinary action under Subtitle 3 of this title or any investigation or proceeding brought for an alleged violation of this title, the Commission, a hearing board, the executive director of the Commission, or the assistant director of the Commission may:
(i)    hold hearings;
(ii)    administer oaths;
(iii)    issue a subpoena for the attendance of a witness to testify or the production of evidence; and
(iv)    take depositions in the same manner as provided in civil cases in the State.
(3)    If a person fails to comply with a subpoena issued under this subsection, on petition of the Commission or another party, a circuit court may compel compliance with the subpoena.
(b)    (1)    If the Commission concludes that conduct alleged to be a violation of any provision of this title may result in irreparable harm to a person, the Commission may sue to enforce a provision of this title by ex parte, interlocutory, or final injunction.
(2)    In seeking an injunction under this subsection, the Commission is not required to:
(i)    post bond, if the injunction is sought against a person who does not hold a license issued under this title; or
(ii)    allege or prove that an adequate remedy at law does not exist.
(c)    (1)    Subject to the provisions of this section, the Commission shall conduct an investigation that relates to any complaint alleging that an unauthorized person has provided real estate brokerage services.
(2)    A complaint shall:
(i)    be in writing;
(ii)    state specifically the facts on which the complaint is based; and
(iii)    be filed with the Commission.
(3)    If a complaint is made by any person other than a member of the Commission, the complaint shall be made under oath by the person who submits the complaint.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 2 - State Real Estate Commission › Section 17-210 - Annual Report

The Commission shall submit to the Secretary an annual report of the activities of the Commission that includes:
(1)    a statement of the total receipts from license fees;
(2)    a statement of the total expenditures of the Commission;
(3)    the number of real estate broker licenses, associate real estate broker licenses, and real estate salesperson licenses issued in each county;
(4)    the number of hearings held;
(5)    the number of complaints received;
(6)    the number of investigations made;
(7)    the number of applications for licenses denied;
(8)    the total number of licenses suspended or revoked;
(9)    the number of cases resolved within the schedule adopted under § 17–208(b) of this subtitle;
(10)    the number of Guaranty Fund awards made that reach the statutory cap at the time the award is made, the corresponding amounts claimed by the complainant in each case, and the amount of damages that would have been reimbursable to the complainant if the statutory cap did not exist; and
(11)    any other information that reflects the work of the Commission.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 2 - State Real Estate Commission › Section 17-211 - Certification About Licensee

(a)    On request of any person and payment of a fee of $10, the Commission shall certify the licensing status and qualifications of any person who is the subject of the request.
(b)    Each certification under this section:
(1)    shall include a statement of the licensing status of the person who is the subject of the request; and
(2)    may include:
(i)    information about the examination results and other qualifications of that person;
(ii)    information about the dates of issuance and renewal of the license of that person;
(iii)    information about any disciplinary action taken against that person; and
(iv)    if authorized by that person, information about any complaint against that person.
(c)    The Commission shall collect a fee set by the Commission for each certification under this section.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 2 - State Real Estate Commission › Section 17-212 - Miscellaneous Powers and Duties

In addition to any powers and duties set forth elsewhere, the Commission has the following powers and duties:
(1)    to adopt a seal;
(2)    to use the seal to authenticate its proceedings; and
(3)    to approve educational courses.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 2 - State Real Estate Commission › Section 17-213 - Fees

(a)    (1)    Beginning on July 1, 2007, the Commission may set by regulation reasonable fees for its 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 of Labor under § 2–106.4 of the Business Regulation Article.
(b)    The Commission shall publish the fee schedule set by the Commission.
(c)    (1)    Beginning on July 1, 2006, the Commission shall pay all fees collected under this title to the Comptroller.
(2)    The Comptroller shall distribute the fees to the State Real Estate Commission Fund established in § 2–106.3 of the Business Regulation Article.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 3 - Licensing › Section 17-301 - License Required

(a)    (1)    Except as otherwise provided in this title, an individual shall be licensed by the Commission as a real estate broker before the individual may provide real estate brokerage services in the State.
(2)    Except as otherwise provided in this title, an individual shall be licensed by the Commission as an associate real estate broker or a real estate salesperson before the individual, while acting on behalf of a real estate broker, may provide real estate brokerage services in the State.
(b)    A license is not required for:
(1)    a financial institution, as defined in Title 1 of the Financial Institutions Article, a subsidiary or affiliate of such a financial institution, or mortgage loan institution incorporated under the laws of any state or of the United States to manage, lease, or sell any property that the institution or subsidiary or affiliate of a financial institution acquires in connection with a mortgage foreclosure or deed or assignment in lieu of foreclosure;
(2)    a lawyer authorized to practice law in the State who:
(i)    is not engaged regularly in the business of providing real estate brokerage services;
(ii)    does not represent to the public, by use of a sign or advertisement or otherwise, that the lawyer is in the business of providing real estate brokerage services; and
(iii)    provides real estate brokerage services while representing another person in the course of the lawyer’s regular practice of law;
(3)    a home builder in the rental or initial sale of a home constructed by the builder;
(4)    an agent of a licensed real estate broker or of an owner of real estate while managing or leasing that real estate for the real estate broker or owner;
(5)    any person in negotiating the sale, lease, or other transfer of a business enterprise if the proposed transfer does not include any interest in real property other than a lease under which the business enterprise operates; or
(6)    any person to subdivide and sell unimproved property owned by that person if the person meets the requirements of § 17–302 of this subtitle.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 3 - Licensing › Section 17-302 - Sale of Property by Owner

(a)    An individual is not required to hold a license under this subtitle to:
(1)    sell, in a calendar year, 6 or fewer unimproved lots that the individual owns; or
(2)    subdivide and sell unimproved property that the individual owns for 10 years or more.
(b)    To measure time under subsection (a)(2) of this section, if the ownership of property passes by inheritance to successive individuals, an individual who inherits the property may add the time that the property was owned by preceding individuals in the line of inheritance to the time that the property is owned by that individual.
(c)    To determine ownership under subsection (a)(2) of this section, an individual shall be considered the owner of property that is titled to a corporation if:
(1)    during the period in question:
(i)    the corporation was wholly owned by the individual or the heirs of the individual; and
(ii)    the individual or the heirs of the individual were personally liable for all indebtedness or claims relating to the property; and
(2)    the individual or the heirs of the individual remain personally liable for all indebtedness or claims relating to the property that arose during the period in question.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 3 - Licensing › Section 17-303 - Qualifications of Applicants for Real Estate Salesperson License

(a)    To qualify for a real estate salesperson license, an applicant shall be an individual who meets the requirements of this section.
(b)    An applicant shall be of good character and reputation.
(c)    An applicant shall be at least 18 years old.
(d)    An applicant shall have completed successfully:
(1)    a basic course in real estate approved by the Commission that:
(i)    does not require more than 60 clock hours of:
1.    classroom instruction; or
2.    instruction provided by:
A.    remote access satellite;
B.    closed–circuit video;
C.    computer, including transmission over the Internet and the World Wide Web;
D.    home study; or
E.    any other delivery system approved by the Commission; and
(ii)    includes a 3 clock hour course in real estate ethics approved by the Commission; or
(2)    if approved by the Commission as an alternative, courses in real estate subjects in any college, including a 3 clock hour course in real estate ethics approved by the Commission.
(e)    An applicant shall pass an examination given by the Commission under § 17-306 of this subtitle.
(f)    An applicant shall obtain, from a licensed real estate broker, a commitment providing that the applicant shall become affiliated with the licensed real estate broker as a real estate salesperson on the granting of a real estate salesperson license to the applicant.
(g)    An applicant shall meet any other requirement that the Commission establishes to ensure that only individuals who are professionally competent and of good character and reputation are licensed.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 3 - Licensing › Section 17-304 - Qualifications of Applicants for Associate Real Estate Broker License

(a)    To qualify for an associate real estate broker license, an applicant shall be an individual who meets the requirements of this section.
(b)    An applicant shall meet the requirements for a real estate broker license under § 17-305 of this subtitle.
(c)    An applicant shall obtain, from a licensed real estate broker, a commitment providing that the applicant shall become affiliated with the licensed real estate broker as an associate real estate broker on the granting of an associate real estate broker license to the applicant.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 3 - Licensing › Section 17-305 - Qualifications of Applicants for Real Estate Broker License

(a)    To qualify for a real estate broker license, an applicant shall be an individual who meets the requirements of this section.
(b)    An applicant shall be of good character and reputation.
(c)    An applicant shall be at least 18 years old.
(d)    (1)    Except as provided in paragraph (2) of this subsection, an applicant shall:
(i)    have completed successfully a course in real estate approved by the Commission for real estate brokers that includes a 3 clock hour course in real estate ethics approved by the Commission; and
(ii)    have been a licensed real estate salesperson and have actively and lawfully provided real estate brokerage services for at least 3 years.
(2)    If an applicant is qualified to practice law in the State, the Commission shall waive the educational and experience requirements of paragraph (1) of this subsection for that applicant.
(e)    An applicant shall pass an examination given by the Commission under § 17-306 of this subtitle.
(f)    An applicant shall meet any other requirement that the Commission establishes to ensure that only individuals who are professionally competent and of good character and reputation are licensed.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 3 - Licensing › Section 17-306 - Examinations

(a)    An applicant who otherwise qualifies for a license is entitled to be examined as provided in this section.
(b)    The Commission periodically shall give examinations to applicants at the times and places that the Commission determines.
(c)    Except as provided in subsection (f)(2)(ii) of this section, the Commission shall give each qualified applicant notice of the time and place of examination.
(d)    To take an examination, an applicant shall pay:
(1)    to the Commission, an examination fee set by the Commission; and
(2)    to the Commission or a testing service chosen by the Commission, an amount covering the cost of the examination.
(e)    (1)    Except as otherwise provided in this subsection, the Commission shall determine the subjects, scope, and form of and the passing score for examinations given under this subtitle.
(2)    To ensure the protection of the interests of those persons who are represented by licensed real estate brokers, the Commission shall structure the examinations for a real estate broker license to test:
(i)    the ability of an applicant to perform the services authorized by a real estate broker license; and
(ii)    the knowledge of the applicant of the general practice for handling real estate transactions.
(3)    The examinations shall be written.
(4)    To eliminate the possibility of discrimination in the administration of the examination, each copy of an examination for a particular license given on a particular date shall contain the same questions. However, the questions may be in different order.
(f)    (1)    The Commission may use a testing service to administer the examinations 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 times and places of examinations; and
(ii)    give applicants notice of the examinations.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 3 - Licensing › Section 17-307 - Applications for Licenses

(a)    An applicant for a license:
(1)    shall submit to the Commission an application on the form that the Commission provides;
(2)    if a testing service was used to administer the examination, shall submit to the Commission a copy of the examination results of the applicant;
(3)    shall pay into the Guaranty Fund any fee required under § 17-403 of this title;
(4)    shall pay to the Commission a fee set by the Commission; and
(5)    shall submit to the Commission any additional information or documentation that the Commission requires, including any information or documentation to determine the professional competence or the good character and reputation of the applicant.
(b)    If the applicant is applying for a real estate broker license, the applicant:
(1)    shall have submitted to the Commission, by a credit reporting agency approved by the Commission, a credit report that contains the information required by the Commission; or
(2)    shall have paid to the Commission or the Commission’s designee a credit report fee in an amount not to exceed the cost charged by a credit reporting agency approved by the Commission to obtain a credit report that contains the information required by the Commission.
(c)    If the applicant is applying for a real estate salesperson or associate real estate broker license, the applicant shall submit to the Commission adequate evidence that the applicant has obtained, from a licensed real estate broker, a commitment providing that the applicant shall become affiliated with the licensed real estate broker as a real estate salesperson or an associate real estate broker on the granting of a real estate salesperson license or an associate real estate broker license to the applicant.
(d)    If the applicant currently is licensed as a real estate salesperson or an associate real estate broker, the applicant shall submit to the Commission a copy of the written notice required under § 17-313 of this subtitle informing each real estate broker with whom the applicant currently is affiliated that the applicant intends to affiliate with an additional real estate broker or to obtain a real estate broker license.
(e)    If the applicant is not a resident of this State, the applicant shall submit to the Commission a consent and any related document required under § 17-514 of this title.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 3 - Licensing › Section 17-308 - Waiver of Requirements

(a)    Subject to the provisions of this section, the Commission may waive any requirement of this subtitle for a particular license for an applicant who holds a comparable or equivalent license granted by another state.
(b)    The Commission may grant a waiver under this section only if the applicant:
(1)    pays the application fee required under § 17-307 of this subtitle for the license for which the applicant is applying;
(2)    provides adequate evidence that the applicant meets the qualifications otherwise required by this subtitle for the license for which the applicant is applying;
(3)    submits a certified copy of the applicant’s license from the other state that is comparable or equivalent to the license for which the applicant is applying; and
(4)    if the applicant holds a license comparable or equivalent to a real estate broker license, provides adequate evidence that the applicant actively maintains an office in the other state.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 3 - Licensing › Section 17-309 - Granting of Licenses; Issuance, Form, and Contents of License Certificates and Pocket Cards

(a)    On compliance by the applicant with the procedures under § 17-307 of this subtitle, the Commission shall grant an appropriate license to each applicant who meets the requirements under this subtitle for that license.
(b)    The Commission shall issue an appropriate license certificate and pocket card to each applicant who has been granted a license under this section.
(c)    (1)    Subject to paragraph (2) of this subsection, the Commission shall determine the size, form, and content of any license certificate or pocket card that the Commission issues.
(2)    On each license certificate that the Commission issues to an associate real estate broker or real estate salesperson, the Commission shall include the name of the firm of the licensed real estate broker for whom the associate real estate broker or real estate salesperson is licensed to provide real estate brokerage services.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 3 - Licensing › Section 17-310 - Scope of Licenses

(a)    While a real estate broker license is in effect, it authorizes the licensee to provide real estate brokerage services.
(b)    (1)    While an associate real estate broker or real estate salesperson license is in effect, it authorizes the licensee to provide real estate brokerage services on behalf of a licensed real estate broker:
(i)    who is named in the license certificate of the associate real estate broker or real estate salesperson; and
(ii)    with whom the associate real estate broker or real estate salesperson is affiliated.
(2)    An associate real estate broker or real estate salesperson license does not authorize the licensee to provide real estate brokerage services on the licensee’s own behalf or on behalf of any person other than a licensed real estate broker named in the license certificate of the associate real estate broker or real estate salesperson.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 3 - Licensing › Section 17-311 - Transfer of Affiliation

(a)    A licensed real estate salesperson may transfer affiliation from a licensed real estate broker to another licensed real estate broker, if the real estate salesperson:
(1)    obtains, from the other licensed real estate broker, a commitment providing that, on cancellation of the current affiliation of the real estate salesperson and issuance of a new license certificate and pocket card to the real estate salesperson, the real estate salesperson shall become affiliated with the licensed real estate broker as a real estate salesperson; and
(2)    complies with the application procedures under subsection (c) of this section.
(b)    A licensed associate real estate broker may transfer affiliation from a licensed real estate broker to another licensed real estate broker, if the associate real estate broker:
(1)    obtains, from the other licensed real estate broker, a commitment providing that, on cancellation of the current affiliation of the associate broker and issuance of a new license certificate and pocket card to the associate broker, the associate broker shall become affiliated with the licensed real estate broker as an associate real estate broker; and
(2)    complies with the application procedures under subsection (c) of this section.
(c)    To transfer affiliation under this section, a qualified real estate salesperson or associate real estate broker shall:
(1)    surrender the license certificate and pocket card of the salesperson or associate broker to the Commission;
(2)    submit to the Commission a transfer application on the form that the Commission provides;
(3)    submit to the Commission:
(i)    acknowledgment from the licensed real estate broker with whom the salesperson or associate broker currently is affiliated that the affiliation is terminated; or
(ii)    a statement from the salesperson or associate broker that the current affiliation of the salesperson or associate broker is terminated;
(4)    submit to the Commission adequate evidence that the salesperson or associate broker has obtained, from a licensed real estate broker, a commitment providing that the salesperson or associate broker shall become affiliated with the licensed real estate broker as a real estate salesperson or an associate real estate broker on cancellation of the current affiliation of the salesperson or associate broker and issuance of a new license certificate and pocket card to the salesperson or associate broker; and
(5)    pay to the Commission a transfer fee set by the Commission.
(d)    On compliance by the applicant with the procedures of subsection (c) of this section, the Commission shall issue a new license certificate and pocket card to each real estate salesperson and associate real estate broker who meets the applicable requirements under this subtitle.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 3 - Licensing › Section 17-317 - Display of License Certificates; Loss or Destruction of Certificate or Pocket Card

(a)    (1)    A licensed real estate broker shall display at all times:
(i)    the license certificate of the real estate broker in a conspicuous place in the principal office of the real estate broker; and
(ii)    in accordance with paragraph (2) of this subsection, the license certificate of each associate real estate broker and real estate salesperson who is affiliated with the real estate broker.
(2)    (i)    If an associate real estate broker or a real estate salesperson who is affiliated with the real estate broker works primarily out of the principal office of the real estate broker, the real estate broker shall display the license certificate of the associate broker or salesperson in a conspicuous place in the principal office.
(ii)    If an associate real estate broker or a real estate salesperson who is affiliated with the real estate broker works primarily out of a branch office of the real estate broker, the real estate broker shall display the license certificate of the associate broker or salesperson in a conspicuous place in the branch office out of which the associate broker or salesperson primarily works.
(b)    (1)    If a license certificate is lost or destroyed, the licensee immediately shall notify the Commission.
(2)    To receive a duplicate license certificate, the licensee shall submit to the Commission:
(i)    an affidavit stating that the license certificate has been lost or destroyed; and
(ii)    a fee set by the Commission.
(3)    On receipt of the affidavit and fee, the Commission shall issue an appropriate duplicate license certificate to the licensee.
(c)    (1)    If a pocket card is lost or destroyed, the licensee immediately shall notify the Commission.
(2)    To receive a duplicate pocket card, the licensee shall submit to the Commission:
(i)    an affidavit stating that the pocket card has been lost or destroyed; and
(ii)    a fee set by the Commission.
(3)    On receipt of the affidavit and fee, the Commission shall issue an appropriate duplicate pocket card to the licensee.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 3 - Licensing › Section 17-318 - Change of Name of Licensee or Firm

(a)    To change the name of a licensee or a firm on a license certificate and pocket card, a licensee shall submit to the Commission:
(1)    an application on the form that the Commission provides;
(2)    the license certificate and pocket card of the licensee;
(3)    any documentation about the name change that the Commission requires; and
(4)    a fee set by the Commission.
(b)    On receipt of the application, fee, and any required documentation, the Commission shall issue, to the licensee, a new license certificate and pocket card containing the new name of the licensee or firm.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 3 - Licensing › Section 17-320 - Employment of and Contractual Arrangements With Salespersons and Associate Brokers

(a)    (1)    Subject to the provisions of this section, a licensed real estate broker may utilize as an independent contractor, employ, or otherwise contract with a licensed real estate salesperson or a licensed associate real estate broker to provide real estate brokerage services on behalf of the licensed real estate broker.
(2)    A real estate broker may not provide real estate brokerage services through any other individual unless the individual is licensed as an associate real estate broker or real estate salesperson to provide real estate brokerage services on behalf of the real estate broker.
(b)    Any individual, including a licensed associate real estate broker, who provides real estate brokerage services on behalf of a real estate broker shall be considered a real estate salesperson with respect to the provision of those services.
(c)    (1)    A real estate broker shall exercise reasonable and adequate supervision over the provision of real estate brokerage services by any other individual, including an independent contractor, on behalf of the broker.
(2)    The requirement of paragraph (1) of this subsection applies regardless of the manner in which the individual who provides the services is affiliated with the real estate broker on whose behalf the services are provided.
(d)    (1)    A branch office manager, as defined in § 17–518(d) of this title, shall exercise reasonable and adequate supervision over the provision of real estate brokerage services by any sales agent or associate broker registered with that office.
(2)    The responsibility of the branch office manager to supervise sales agents and associate brokers registered to the manager’s office is in addition to, and not in lieu of, the responsibility of the broker set forth in subsection (c) of this section.
(e)    If the affiliation between a real estate broker and a real estate salesperson or an associate real estate broker terminates, the real estate broker immediately shall:
(1)    mail to the salesperson or associate broker, at the last known home and office address of that individual, notice that the affiliation is terminated;
(2)    submit to the Commission written notice that the affiliation is terminated, including copies of the notices mailed to the salesperson or associate broker; and
(3)    return the license certificate of the salesperson or associate broker to the Commission.
2023 Maryland Statutes › Business Occupations and Professions › Title 17 - Real Estate Brokers › Subtitle 3 - Licensing › Section 17-322.1 - Failure to Disclose Certain Facts -- Disease, Death, Felony

(a)    For purposes of § 17-322(b) of this subtitle, it is not a material fact relating to property offered for sale or lease that:
(1)    an owner or occupant of the property is, was, or is suspected to be:
(i)    infected with human immunodeficiency virus; or
(ii)    diagnosed with acquired immunodeficiency syndrome; or
(2)    a homicide, suicide, accidental death, natural death, or felony occurred on the property.
(b)    (1)    It is not grounds for a disciplinary action against a licensee under this subtitle, that a licensee did not disclose to a prospective purchaser or lessee, a fact contained in subsection (a) of this section.
(2)    A licensee may not be held personally liable for failure to disclose a fact contained in subsection (a) of this section.