reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 2 - State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Section 16-209 - Enforcement Powers

(a)    (1)    The Commission shall administer and enforce the provisions of this title.
(2)    In connection with any action to enforce the provisions of this title, 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; or
(iv)    take depositions in the same manner as provided in civil cases in the State.
(3)    The Police Department of Baltimore City, the sheriff of a county, or a private process server shall serve a subpoena issued under this subsection.
(4)    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;
(ii)    allege or prove that an adequate remedy at law does not exist; or
(iii)    allege or prove that substantial or irreparable damage would result from the continued violation of the provision.
(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 appraisal services or home inspection services.
(2)    A complaint shall:
(i)    be in writing;
(ii)    state specifically the facts on which the complaint is based; and
(iii)    be submitted to 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.
(d)    A member of the Commission may not be held personally liable for any action taken under this section.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 2 - State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Section 16-210 - Real Estate Appraisal Hearing Board

(a)    The Commission shall establish a Real Estate Appraisal Hearing Board.
(b)    (1)    The Hearing Board shall consist of 3 members of the Commission, appointed by the Commission.
(2)    Of the 3 positions on the Real Estate Appraisal Hearing Board:
(i)    1 shall be a representative of a financial institution;
(ii)    1 shall be a consumer member; and
(iii)    1 shall be an appraiser with a level of licensure or certification at least equal to the individual subject to the disciplinary action.
(c)    From among the members of the Hearing Board, the Commission shall designate a chairman.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 2 - State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Section 16-210.1 - Home Inspector Hearing Board

(a)    The Commission shall establish a Home Inspector Hearing Board.
(b)    (1)    The Hearing Board shall consist of 3 members of the Commission, appointed by the Commission.
(2)    Of the 3 positions on the Home Inspector Hearing Board:
(i)    2 shall be licensed home inspectors; and
(ii)    1 shall be a consumer member.
(c)    From among the members of the Hearing Board, the Commission shall designate a chairman.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 2 - State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Section 16-210.2 - Appraisal Management Company Hearing Board

(a)    The Commission shall establish an appraisal management company hearing board.
(b)    (1)    The hearing board consists of three members of the Commission, appointed by the Commission.
(2)    Of the three positions on the appraisal management company hearing board:
(i)    one shall be a representative of a financial institution;
(ii)    one shall be a consumer member; and
(iii)    one shall be a representative of an appraisal management company.
(c)    From among the members of the hearing board, the Commission shall designate a chair.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 2 - State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Section 16-211 - Hearings

(a)    The Commission shall refer to the appropriate hearing board for a hearing any matter for which a hearing may be required under § 16–701, § 16–701.1, or § 16–701.2 of this title.
(b)    The hearing board may exercise the same powers and shall conduct a hearing in accordance with the same procedures applicable to the Commission under § 16–602 of this title.
(c)    (1)    The hearing board shall determine if there is a reasonable basis to believe that there are grounds for disciplinary action under this title against a licensee.
(2)    (i)    If the hearing board finds a reasonable basis as provided under paragraph (1) of this subsection, the hearing board shall:
1.    hold a hearing on the matter; and
2.    file its finding with the Commission.
(ii)    If the hearing board does not find a reasonable basis as provided under paragraph (1) of this subsection, the hearing board shall dismiss the complaint.
(3)    A hearing board shall advise the Commission specifically of any action brought against a licensee as a result of monetary loss, misappropriation of money, or fraud.
(d)    (1)    (i)    Within 15 days after the filing of a decision by a hearing board, the Commission or any of its members may file an exception to the decision of the hearing board.
(ii)    On the filing of an exception under subparagraph (i) of this paragraph, the Commission shall set a hearing on the matter.
(2)    If an exception is not filed within the time allowed under paragraph (1)(i) of this subsection:
(i)    the decision of the hearing board shall be considered as the final decision of the Commission; and
(ii)    any party aggrieved by the decision may take a judicial appeal as provided in this title.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 2 - State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Section 16-212 - Records

(a)    The Commission shall keep an indexed record of:
(1)    each application for licensure or certification;
(2)    each issuance of a license or certificate;
(3)    each reprimand of a licensed real estate appraiser or certified real estate appraiser or licensed home inspector; and
(4)    each suspension or revocation of a licensed real estate appraiser or certified real estate appraiser or licensed home inspector.
(b)    The Commission shall make available to the public:
(1)    the record during business hours; and
(2)    on request, a copy of the record at a reasonable price that the Commission sets.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 2 - State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Section 16-212.1 - Report by Licensed or Certified Real Estate Appraiser

(a)    A licensed or certified real estate appraiser shall file with the Commission or a designee otherwise provided by law at the end of every calendar quarter a report listing the address and appraised value of residential real estate in Baltimore City upon which the appraiser performed an appraisal during the calendar quarter.
(b)    The report shall be open for inspection only to representatives of government agencies for investigation of fraudulent practices.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 2 - State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Section 16-213 - Annual Roster of Licensed and Certified Appraisers

(a)    The Commission shall issue at least annually a roster that shows:
(1)    the name of each licensed real estate appraiser trainee, licensed real estate appraiser, certified real estate appraiser, and licensed home inspector; and
(2)    the name and place of business of each licensed real estate appraiser, certified real estate appraiser, and licensed home inspector.
(b)    On request, the Commission shall make available to the public a copy of the roster at a reasonable price that the Commission sets.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 2 - State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Section 16-214 - Documentation of Good Standing of Licensed or Certified Appraisers

On request, the Commission shall issue a document of good standing to a licensed real estate appraiser trainee, licensed real estate appraiser, certified real estate appraiser, or licensed home inspector who:
(1)    is in good standing in the State; and
(2)    pays the issuance fee set by the Commission.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 2 - State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Section 16-215 - Annual Report

The Commission shall submit to the Secretary an annual report that includes:
(1)    a statement of the total receipts and expenditures of the Commission; and
(2)    any other information that reflects the work of the Commission.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 2 - State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Section 16-216 - Miscellaneous Powers

In addition to any powers set forth elsewhere, the Commission may:
(1)    sponsor research and other educational activities about real estate appraising or home inspecting;
(2)    adopt any regulation to carry out the provisions of this title;
(3)    review and approve any on-site training programs, including programs that have been approved by national home inspection organizations;
(4)    keep a record of its proceedings; and
(5)    adopt an official seal to authenticate its proceedings, official records, licenses, and certificates.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 2 - State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Section 16-217 - Fees for Commission Services

(a)    (1)    Beginning on July 1, 2011, 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 § 2–106.8 of the Business Regulation Article.
(b)    The Commission shall publish the fee schedule set by the Commission.
(c)    (1)    Beginning on July 1, 2011, the Commission shall pay all fees collected under this title to the Comptroller.
(2)    The Comptroller shall distribute the fees to the State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors Fund established in § 2–106.7 of the Business Regulation Article.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 2 - State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Section 16-218 - Judicial Review

Any person 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 Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 2 - State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Section 16-219 - Authority of Secretary

The Commission exercises its powers, duties, and functions subject to the authority of the Secretary.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 2 - State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Section 16-220 - Regulations

All regulations adopted under this title by the Commission applicable to the provision of real estate appraisal services shall comply with the requirements of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 3 - Licensing of Real Estate Appraisers › Section 16-301 - License Required

(a)    After June 30, 1991, and except as otherwise provided in this title, an individual shall be licensed by the Commission to provide real estate appraisal services before the individual may provide real estate appraisal services in the State.
(b)    This section does not apply to an individual who provides real estate appraisal services that are only incidental real estate appraisal services, including home inspectors and environmental auditors.
(c)    In addition to subsection (b) of this section, this section does not apply to an individual who provides real estate appraisal services that the Commission defines by regulation to be only incidental real estate appraisal services.
(d)    This section does not apply to an individual who is licensed to practice any business or occupation in the State while acting within the scope of the license.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 3 - Licensing of Real Estate Appraisers › Section 16-302 - Qualifications of Applicants

(a)    To qualify for a real estate appraisal 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)    An applicant shall satisfy the minimum real estate appraiser qualifications for licensure established under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
(2)    An applicant shall have completed at least 1,000 hours providing real estate appraiser services as a real estate appraiser trainee under the supervision of a certified appraiser.
(3)    Classroom hours of study required by this section may be conducted by:
(i)    an accredited university, college, or community or junior college;
(ii)    an approved appraisal society, institute, or association; or
(iii)    another school that the Commission approves.
(4)    The Commission shall approve all courses of study required under this section.
(e)    Except as otherwise provided in this subtitle, the applicant shall pass an examination given by the Commission or the Commission’s designee under this subtitle.
(f)    (1)    If an applicant is not a resident of the State, the applicant shall submit to the Commission an irrevocable consent, as provided under this subsection.
(2)    The consent required under this section shall specify that service of process on the Secretary shall bind the applicant in any action about the provision of real estate appraisal services brought against the applicant in any county of the State.
(g)    The Commission shall adopt additional requirements under this section if necessary to comply with the minimum real estate appraiser qualifications established under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
(h)    The Commission may monitor and review any course of study approved under this section.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 3 - Licensing of Real Estate Appraisers › Section 16-303 - Applications for Licenses; Fingerprinting

(a)    An applicant for a license shall:
(1)    submit to the Commission an application on the form that the Commission provides;
(2)    pay to the Commission a fee set by the Commission;
(3)    apply to the Central Repository for a national and State criminal history records check on a form approved by the Director of the Central Repository;
(4)    submit to the Central Repository a complete set of legible fingerprints taken at any designated State or local law enforcement office in the State or other agency or location approved by the Secretary of Public Safety and Correctional Services;
(5)    pay the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check; and
(6)    pay the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to the State criminal history records.
(b)    The Central Repository shall provide to the Commission:
(1)    the national and State criminal history records of each applicant requiring a criminal history records check under subsection (a) of this section and a printed statement listing any convictions and pleas of guilty or nolo contendere to any criminal charge; and
(2)    an acknowledged receipt of the application for a criminal history records check by an applicant requiring a criminal history records check.
(c)    Information obtained by the Commission from the Central Repository under this section shall be confidential and may be disseminated only to the individual who is the subject of the criminal history records check.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 3 - Licensing of Real Estate Appraisers › Section 16-304 - Examinations

(a)    Except as otherwise provided in § 16-304.1 of this subtitle, 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 qualified applicants at the times and places that the Commission determines.
(c)    The Commission shall give each qualified applicant notice of the times and places that the Commission determines.
(d)    To take an examination, an applicant shall pay an examination fee to the Commission or the Commission’s designee in an amount established by the Commission not to exceed the cost of the examination.
(e)    (1)    Except as otherwise provided in this subsection, the Commission shall determine the subjects, scope, form, and the passing score for examinations given under this subtitle.
(2)    The Commission shall structure the examinations for a real estate appraisal license to test the knowledge of an applicant of real estate appraisal theory and practice and the standards of conduct that the Commission adopts under § 16-208 of this title.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 3 - Licensing of Real Estate Appraisers › Section 16-304.1 - Use of Testing Service to Administer Examinations

(a)    The Commission may use a testing service to administer the examinations given under this subtitle.
(b)    If the Commission uses a testing service, the testing service, subject to the requirements set by the Commission, may:
(1)    set the time and place of examinations;
(2)    give qualified applicants notice of the time and place of examinations; and
(3)    furnish any other information that the Commission may require the testing service to provide.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 3 - Licensing of Real Estate Appraisers › Section 16-305 - Waiver of Examination Requirements

(a)    Subject to the provisions of this section, the Commission may waive the examination requirements of this subtitle for an individual who is licensed to provide real estate appraisal services in another state.
(b)    The Commission may grant a waiver under this section only if the applicant:
(1)    pays to the Commission the application fee set by the Commission under § 16–303 of this subtitle; and
(2)    provides adequate evidence that the applicant:
(i)    is licensed by a state that is in compliance with Title XI of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as determined by the Appraisal Subcommittee of the federal Financial Institutions Examinations Council;
(ii)    holds a valid license issued by that state; and
(iii)    became licensed in the other state after meeting, in that state, requirements that are substantially equivalent to or exceed the licensing requirements of this State.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 3 - Licensing of Real Estate Appraisers › Section 16-306 - Granting of Licenses; Issuance, Form, and Contents of License Certificates and Pocket Cards

(a)    On receipt of a complete national and State criminal record report from the Central Repository, the Commission shall grant a license to each applicant who meets the requirements of this subtitle.
(b)    The Commission shall issue a license document 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 document or pocket card that the Commission issues.
(2)    The Commission shall include an expiration date on each license document that the Commission issues.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 3 - Licensing of Real Estate Appraisers › Section 16-308 - Term and Renewal of Licenses

(a)    Unless a license is renewed for a 3-year term as provided in this section, the license expires on a staggered basis as determined by the Secretary.
(b)    (1)    At least 1 month before the license expires, the Commission shall mail or electronically transmit to the licensee:
(i)    a renewal application form; and
(ii)    a notice that states:
1.    the date on which the current license expires; and
2.    the amount of the renewal fee.
(2)    If an electronic transmission under paragraph (1) of this subsection is returned to the Commission as undeliverable, the Commission shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Commission received the notice that the electronic transmission was undeliverable.
(c)    Before a license expires, the licensee periodically may renew it for an additional 3–year term, if the licensee:
(1)    otherwise is entitled to be licensed;
(2)    pays to the Commission a renewal fee set by the Commission; and
(3)    submits to the Commission:
(i)    a renewal application on the form that the Commission provides; and
(ii)    adequate evidence of compliance with the continuing education requirements set under this subtitle for license renewal.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 3 - Licensing of Real Estate Appraisers › Section 16-309 - Continuing Education

To qualify for renewal of a license under this subtitle, a licensee shall provide to the Commission adequate evidence that the licensee meets the minimum continuing education requirements established under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 3 - Licensing of Real Estate Appraisers › Section 16-310 - Reinstatement of Licenses

(a)    The Commission shall reinstate the license of a real estate appraiser who has failed to renew the license, if the real estate appraiser:
(1)    applies to the Commission for reinstatement within 3 years after the license expires;
(2)    meets the requirements of § 16–308 of this subtitle; and
(3)    in addition to the renewal fee required under § 16–308 of this subtitle, pays to the Commission a reinstatement fee set by the Commission.
(b)    (1)    If an individual fails to renew a license for any reason and applies to the Commission for reinstatement more than 3 years after the license has expired, the Commission may:
(i)    require the individual to reapply for a license under § 16–302 of this subtitle; or
(ii)    subject to paragraph (2) of this subsection, reinstate the license.
(2)    The Commission may reinstate a license under paragraph (1)(ii) of this subsection only if the individual:
(i)    meets the renewal requirements of § 16–308 of this subtitle;
(ii)    if required by the Commission, states the reasons why reinstatement should be granted; and
(iii)    in addition to the renewal fee required under § 16–308 of this subtitle, pays to the Commission a reinstatement fee set by the Commission.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 3 - Licensing of Real Estate Appraisers › Section 16-311 - Roster of State Certified and Licensed Appraisers; Federal Appraisal Fee Fund

(a)    The Commission shall:
(1)    transmit to the Appraisal Subcommittee of the Federal Financial Institutions Examinations Council a roster of State certified and licensed appraisers as required by § 1109(a)(1) of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989; and
(2)    collect and transmit to the appropriate federal authority those fees required by § 1109(a)(2) of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
(b)    (1)    There is a Federal Appraisal Fee Fund within the Commission.
(2)    The Fund is a special account to be used to disburse money to the appropriate federal authority under subsection (a)(2) of this section.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 3 - Licensing of Real Estate Appraisers › Section 16-312 - Place of Business; Display of License; Change of Name or Address

(a)    A licensed real estate appraiser shall:
(1)    maintain a principal place of business; and
(2)    in that principal place of business, display conspicuously the license issued under this subtitle.
(b)    (1)    Each licensee promptly shall give the Commission written notice of any change of name or address from that which appears on the current license.
(2)    On receipt of notice, the Commission shall issue to the licensee a new license for the unexpired term.
(3)    A licensee who is not a resident of the State may not be required to maintain a place of business in this State if the licensee maintains an active place of business in another state.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 3 - Licensing of Real Estate Appraisers › Section 16-313 - Practice Through Corporations Authorized

A licensed real estate appraiser may provide real estate appraisal services through a professional corporation in accordance with the Maryland Professional Service Corporation Act.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 3A - Licensing of Home Inspectors › Section 16-3A-01 - Licensing; Applicability

(a)    Except as otherwise provided in this title, an individual shall be licensed by the Commission as a home inspector before the individual may provide home inspection services in the State.
(b)    This title does not apply to:
(1)    an individual who is employed as a building code enforcement official by the State or a political subdivision of the State, while acting within the scope of that employment;
(2)    an individual who is employed as a federal or State inspector, while acting within the scope of that employment;
(3)    a plumber, electrician, professional engineer, real estate appraiser, real estate broker or agent, or heating, ventilation, air-conditioning, or refrigeration contractor who is licensed in the State, while acting within the scope of that license;
(4)    a roofer, general contractor, remodeler, or structural pest control specialist, while acting within the scope of that occupation; or
(5)    any other professional whose services may be required in the building or remodeling of real property and who does not claim to be a licensed home inspector.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 3A - Licensing of Home Inspectors › Section 16-3A-02 - Licensing Requirements -- Prior to July 1, 2002

(a)    To qualify for a license as a home inspector, an applicant must be an individual who meets the requirements of this section.
(b)    Prior to July 1, 2002, an applicant for a home inspector license shall:
(1)    meet two of the following conditions:
(i)    have completed a minimum of 48 hours of an on-site training course approved by a national home inspection organization or the Commission;
(ii)    have completed a minimum of 2 years of relevant work experience, as determined by the Commission, immediately preceding the submission of an application;
(iii)    have completed at least 100 home inspections for compensation; or
(iv)    submit proof of full membership in or certification by one of the following national home inspection organizations:
1.    American Society of Home Inspectors; or
2.    National Association of Home Inspectors;
(2)    have a high school diploma or its equivalent;
(3)    have general liability insurance in an amount not less than $50,000;
(4)    submit to the Commission an application on the form that the Commission provides; and
(5)    pay to the Commission an application fee of $50.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 3A - Licensing of Home Inspectors › Section 16-3A-03 - Licensing Requirements -- After July 1, 2002

An applicant for a home inspector license shall:
(1)    have completed a minimum of 72 hours of an on–site training course approved by a national home inspection organization and the Commission that at a minimum requires successful completion of the National Home Inspector Examination or its equivalent as determined by the Commission;
(2)    have a high school diploma or its equivalent;
(3)    have insurance as required under § 16–4A–04 of this title;
(4)    submit to the Commission an application on the form that the Commission provides; and
(5)    pay to the Commission an application fee set by the Commission.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 3A - Licensing of Home Inspectors › Section 16-3A-04 - Reciprocity

(a)    Except as provided in subsection (c) of this section, subject to the licensing provisions of this section, the Commission may issue a license by reciprocity under this section for an applicant who is licensed to provide home inspection services in another state.
(b)    The Commission may issue a license by reciprocity under this section for an applicant who is licensed to provide home inspection services in another state only if the applicant:
(1)    pays to the Commission an application fee as set by the Commission; and
(2)    provides adequate evidence that the applicant:
(i)    meets the qualifications otherwise required by this subtitle;
(ii)    holds an active license in good standing from the other state;
(iii)    became licensed in the other state after meeting, in that or another state, requirements that were at least equivalent to those then required by the laws of this State; or
(iv)    at the time of the application for a license by reciprocity under this section, the applicant meets the requirements currently required by the laws of this State.
(c)    Subject to the licensing provisions in this section, the Commission may issue a license by reciprocity to provide home inspection services to an individual who satisfies to the Commission that the applicant is qualified based on a combination of comparable education, training, and experience in providing home inspection services.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 3A - Licensing of Home Inspectors › Section 16-3A-05 - Notice

If an applicant qualifies for a home inspector license under this title, the Commission shall send the applicant a notice that states:
(1)    the applicant has qualified for the license; and
(2)    the Commission will issue the home inspector license to an applicant upon receipt of a license fee set by the Commission.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 3A - Licensing of Home Inspectors › Section 16-3A-07 - License -- Expiration and Renewal

(a)    Unless a license is renewed for a 2–year term as provided in this section, the license expires on a staggered basis as determined by the Secretary.
(b)    (1)    At least 1 month before a license expires, the Commission shall mail or electronically transmit to the licensee:
(i)    a renewal application form; and
(ii)    a notice that states:
1.    the date on which the current license expires; and
2.    the amount of the renewal fee.
(2)    If an electronic transmission under paragraph (1) of this subsection is returned to the Commission as undeliverable, the Commission shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Commission received the notice that the electronic transmission was undeliverable.
(c)    Before a license expires, the licensee may renew it for an additional 2–year term, if the licensee:
(1)    otherwise is entitled to be licensed;
(2)    pays to the Commission a renewal fee set by the Commission;
(3)    submits a renewal application on the form that the Commission provides; and
(4)    submits proof of compliance with the insurance requirement of § 16–4A–04 of this title.
(d)    The Commission shall renew the license of and issue a license to each licensee who meets the requirements of this section.
(e)    (1)    The Commission shall adopt regulations to require a demonstration of continuing professional competency of up to 30 educational hours for a licensee as a condition of renewal of a license under this section in accordance with paragraphs (2) through (6) of this subsection.
(2)    Continuing professional competency requirements do not apply to the first renewal of a license.
(3)    If a license expires on or before September 30, 2013, a licensee is not required to fulfill the continuing professional competency requirements.
(4)    If a license expires between October 1, 2013, and September 30, 2014, a licensee is required to fulfill 50% of the continuing professional competency requirements as provided in the regulations adopted by the Commission under this subsection.
(5)    If a license expires on or after October 1, 2014, a licensee is required to fulfill the full continuing professional competency requirements as provided in the regulations adopted by the Commission under this subsection.
(6)    Educational hours from a continuing professional competency course satisfy the requirement of paragraph (1) of this subsection if:
(i)    the course is offered by:
1.    the American Society of Home Inspectors;
2.    the National Association of Home Inspectors; or
3.    any other provider approved by the Commission; and
(ii)    the Commission determines that the course increases the licensee’s knowledge of the provision of home inspection services, including one or more components of an existing residential building.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 3A - Licensing of Home Inspectors › Section 16-3A-08 - License -- Reinstatement

(a)    The Commission shall reinstate the license of an individual who has failed to renew a license for any reason if the individual:
(1)    applies to the Commission for reinstatement within 5 years after the license expires;
(2)    meets the renewal requirements under § 16–3A–07 of this subtitle; and
(3)    in addition to the renewal fee required under § 16–3A–07 of this subtitle, pays to the Commission a reinstatement fee set by the Commission.
(b)    The Commission may not reinstate the license of an individual who for any reason fails to apply for reinstatement within 5 years after the license has expired.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 4 - Miscellaneous Provisions for Real Estate Appraisers › Section 16-401 - Records

(a)    Subject to the provisions of subsection (b) of this section, a licensed real estate appraiser shall keep, for 5 years from the date of delivery to the client, the original or a copy of:
(1)    each contract the licensee enters into for the provision of real estate appraisal services;
(2)    each appraisal report the licensee prepares or signs; and
(3)    all supporting data that the licensee assembles or formulates to prepare an appraisal report.
(b)    If, within the 5-year period for the retention of records, a licensed real estate appraiser is given notice that an appraisal or appraisal report is involved in litigation, a new 5-year period shall start on the date of the final disposition of the litigation.
(c)    On request, a licensed real estate appraiser shall make any record required to be kept under this section available to the Commission to inspect or copy.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 4 - Miscellaneous Provisions for Real Estate Appraisers › Section 16-402 - Contingent Fees

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Independent appraisal service” means an engagement for which a licensed real estate appraiser is perceived by a third party or the public to act as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion about the nature, quality, use, or value for identified real estate, regardless of the intent of the employer.
(3)    (i)    “Specialized appraisal service” means all appraisal services, other than an independent appraisal service.
(ii)    “Specialized appraisal service” includes:
1.    marketing and feasibility studies that are designed to persuade third parties that a market exists or that a project is feasible; and
2.    analyses, opinions, conclusions, or estimates of value about real estate investment, mortgage banking, real estate counseling, and real estate tax counseling.
(b)    A licensed real estate appraiser who provides an independent appraisal service may not accept a fee that is contingent on a predetermined analysis, opinion, or conclusion or on the results achieved by the appraisal assignment.
(c)    (1)    A licensed real estate appraiser who provides a specialized appraisal service may be paid a fixed fee or a fee that is contingent on the results achieved by the specialized appraisal service.
(2)    A licensed real estate appraiser who agrees to provide a specialized appraisal service for a contingent fee shall state the existence of the agreement clearly in:
(i)    an oral appraisal report;
(ii)    a prominent place in a written appraisal report;
(iii)    the certification statement that accompanies a written appraisal report; and
(iv)    a letter of transmittal.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 4A - Miscellaneous Provisions for Home Inspectors › Section 16-4A-01 - Report; Limitation of Liability

(a)    A licensed home inspector shall give to each person for whom the licensee performs a home inspection for compensation or to the person’s representative, a written report that states:
(1)    the scope and the exclusions of the inspection;
(2)    the conditions observed during the home inspection that are subject to the adopted standards of practice and code of ethics approved by the Commission;
(3)    the license number of the licensee; and
(4)    a disclosure in 14–point bold type that includes the following statements:
(i)    “An inspection is intended to assist in the evaluation of the overall condition of a building. The inspection is based on observation of the visible and apparent condition of the building and its components on the date of the inspection”;
(ii)    “The results of this home inspection are not intended to make any representation regarding latent or concealed defects that may exist, and no warranty or guaranty is expressed or implied”;
(iii)    “If your home inspector is not a licensed structural engineer or other professional whose license authorizes the rendering of an opinion as to structural integrity of a building or the condition of its components or systems, you may wish to seek the professional opinion of a licensed structural engineer or other professional regarding any possible defects or other observations set forth in this report”; and
(iv)    “Only home inspections performed by Maryland licensed home inspectors will be recognized as a valid home inspection under a real estate contract”.
(b)    The licensee shall give the person or the person’s representative the report:
(1)    by the date set in a written agreement by the parties to the home inspection; or
(2)    within 7 business days after the home inspection was performed, if no date was set in a written agreement by the parties to the home inspection.
(c)    Any limitation of the liability of the licensee for any damages resulting from the report on the home inspection shall be agreed to in writing by the parties to the home inspection prior to the performance of the home inspection.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 4A - Miscellaneous Provisions for Home Inspectors › Section 16-4A-04 - General Liability Insurance

(a)    A home inspector licensed by the Commission shall maintain general liability insurance in the amount of at least $150,000.
(b)    (1)    An applicant shall submit proof of the insurance required under this section to the Commission with the license application.
(2)    The Commission may not issue a license to an applicant unless the applicant submits proof of the insurance.
(c)    Unless an applicant meets the insurance requirements of this section, the Commission may not renew the license.
(d)    A licensee shall give the Commission notice of the cancellation of insurance required under this section at least 10 days before the effective date of the cancellation.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 4A - Miscellaneous Provisions for Home Inspectors › Section 16-4A-05 - Record Retention Requirements

(a)    Subject to the provisions of subsection (b) of this section, a licensed home inspector shall keep, for 5 years from the date of delivery to the client, the original or a copy of:
(1)    each contract the licensee enters into for the provision of home inspection services;
(2)    each home inspection report the licensee prepares or signs; and
(3)    all supporting data that the licensee assembles or formulates to prepare a home inspection report.
(b)    If, within the 5–year period for the retention of records, a licensed home inspector is given notice that a home inspection is involved in litigation, a new 5–year period shall start on the date of the final disposition of the litigation.
(c)    A licensed home inspector shall make any record required to be kept under this section available to the Commission to inspect or copy.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5 - Certification of Real Estate Appraisers › Section 16-501 - Certification Required; Exceptions

(a)    After June 30, 1991, and except as otherwise provided in this title, an individual shall be certified by the Commission to provide certified real estate appraisal services before the individual may provide certified real estate appraisal services in the State.
(b)    Notwithstanding subsection (a) of this section, a licensed real estate appraiser who is not certified may:
(1)    help a certified real estate appraiser to prepare a certified appraisal report; and
(2)    cosign the report.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5 - Certification of Real Estate Appraisers › Section 16-502 - Classes of Certifications

An individual may be certified by the Commission as a certified real estate appraiser for residential real estate or as a certified real estate appraiser for general real estate as those classifications are permitted under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.