reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 4 - Home Improvement Guaranty Fund › Section 8-408 - Joinder of Proceedings; Administrative and Legal Proceedings

(a)    (1)    The Commission may join a proceeding on a claim against the Fund with a disciplinary proceeding against a licensed contractor under Subtitle 3 of this title, if the disciplinary hearing is based on the same facts alleged in the claim.
(2)    In a consolidated proceeding, the claimant is a party and may participate in the hearing to the extent necessary to establish the claim.
(b)    (1)    Notwithstanding § 8-402(2) of this subtitle, a claimant may not concurrently submit a claim to recover from the Fund and bring an action in a court of competent jurisdiction against a contractor based on the same facts alleged in the claim.
(2)    If the claimant brings an action in a court of competent jurisdiction based on the same facts alleged in a pending claim, the Commission shall stay its proceedings on the claim until there is a final judgment and all rights to appeal are exhausted.
(3)    (i)    To the extent that a final judgment or final award in arbitration is decided in favor of the claimant, the Commission shall approve the claim against the Fund.
(ii)    If a final judgment or final award in arbitration is decided in favor of the defendant, the Commission shall dismiss the claim against the Fund.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 4 - Home Improvement Guaranty Fund › Section 8-409 - Payments From Fund

(a)    The Commission may order payment of a claim against the Fund only if:
(1)    the decision or order of the Commission is final in accordance with Title 10, Subtitle 2 of the State Government Article and all rights of appeal are exhausted; or
(2)    the claimant provides the Commission with a certified copy of a final judgment of a court of competent jurisdiction or a final award in arbitration, with all rights of appeal exhausted, in which the court or arbitrator:
(i)    expressly has found on the merits that the claimant is entitled to recover under § 8-405(a) of this subtitle; and
(ii)    has found the value of the actual loss.
(b)    (1)    Except as otherwise provided in this subsection, the Commission shall pay approved claims in the order submitted.
(2)    If approved claims submitted to the Commission against a contractor exceed $100,000 less the amount of unreimbursed claim payments previously made for the contractor, the Commission may pay the approved claims proportionately so that each claimant receives the same percentage payment of the claims.
(3)    After the Fund is reimbursed, the Commission shall pay unsatisfied approved claims.
(c)    If there is not enough money in the Fund to pay an approved claim wholly or partly, the Commission shall pay the unpaid claim:
(1)    when enough money is deposited in the Fund; and
(2)    in the order that each claim originally was filed with a court of competent jurisdiction or submitted to the Commission.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 4 - Home Improvement Guaranty Fund › Section 8-411 - Disciplinary Proceedings

(a)    Except as provided in subsection (b) of this section, if the Commission pays a claim against the Fund based on an act or omission of a contractor, the Commission may suspend the contractor license until the contractor reimburses the Fund in full for:
(1)    the amount paid from the Fund; and
(2)    interest on that amount at an annual rate of at least 10%, as set by the Commission.
(b)    The Commission may not suspend the contractor license if the Commission finds that the contractor or management personnel of the contractor:
(1)    did not know of the wrongful conduct; or
(2)    could not prevent the violation.
(c)    Reimbursement of the Fund in full by a contractor, by itself, does not nullify or modify the effect of a disciplinary proceeding against a licensee.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 5 - Miscellaneous Provisions › Section 8-501 - Home Improvement Contracts

(a)    A home improvement contract that does not comply with this section is not invalid merely because of noncompliance.
(b)    Each home improvement contract shall:
(1)    be in writing and legible;
(2)    describe clearly each document that it incorporates; and
(3)    be signed by each party to the home improvement contract.
(c)    (1)    In addition to any other matters on which the parties lawfully agree, each home improvement contract shall contain:
(i)    the name, address, telephone number, and license number of the contractor;
(ii)    the name and license number of each salesperson who solicited the home improvement contract or sold the home improvement;
(iii)    the approximate dates when the performance of the home improvement will begin and when it will be substantially completed;
(iv)    a description of the home improvement to be performed and the materials to be used;
(v)    the agreed consideration;
(vi)    the number of monthly payments and the amount of each payment, including any finance charge;
(vii)    a description of any collateral security for the obligation of the owner under the home improvement contract;
(viii)    a notice that gives the telephone number and Web site of the Commission and states that:
1.    each contractor must be licensed by the Commission; and
2.    anyone may ask the Commission about a contractor; and
(ix)    a notice set by the Commission by regulation that:
1.    specifies the protections available to consumers through the Commission; and
2.    advises the consumer of the right to purchase a performance bond for additional protection against loss.
(2)    If payment for work performed under the home improvement contract will be secured by an interest in residential real estate, a written notice in not smaller than 10 point bold type that is on the first page of the contract shall state in substantially the following form: “This contract creates a mortgage or lien against your property to secure payment and may cause a loss of your property if you fail to pay the amount agreed upon. You have the right to consult an attorney. You have the right to rescind this contract within 3 business days after the date you sign it by notifying the contractor in writing that you are rescinding the contract.”
(3)    The notice under paragraph (2) of this subsection shall be independently initialed by the homeowner.
(d)    Before the performance of a home improvement begins, the owner shall be given a copy of the home improvement contract signed by the contractor.
(e)    A salesperson or other agent or employee of a contractor may not make a change in a home improvement contract for an owner.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 5 - Miscellaneous Provisions › Section 8-502 - Conduct of Salespersons

(a)    A salesperson may not:
(1)    represent concurrently more than 1 contractor in selling a home improvement;
(2)    use a home improvement contract form that does not disclose the name of the contractor; or
(3)    choose a contractor for an owner.
(b)    For selling a home improvement, a salesperson shall:
(1)    accept compensation only from the contractor that the salesperson represents in the sale; and
(2)    pay compensation only for that contractor.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 5 - Miscellaneous Provisions › Section 8-503 - Inducements

(a)    As an inducement to make a home improvement contract, a person may not promise or offer to pay to an owner any compensation or reward for obtaining or placing home improvement business with others.
(b)    A contractor or salesperson may not offer, give, or pay to an owner a gift, bonus award, merchandise, trading stamps, or cash loan as an inducement to make a home improvement contract.
(c)    To advertise or to promote sales, a contractor or salesperson may give to a prospective customer a tangible item if:
(1)    the cost to the contractor or salesperson does not exceed $25;
(2)    the gift is not contingent on making a home improvement contract; and
(3)    the customer does not receive more than 1 item for 1 transaction.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 5 - Miscellaneous Provisions › Section 8-505 - Notice of Building Code Violations

(a)    In this section, “building code” includes a code that deals with mechanical, electrical, fire, plumbing, energy, heating, ventilation, or air conditioning matters.
(b)    A county or municipal corporation shall notify the Commission of each contractor who fails to correct a violation of the applicable local or State building code within a reasonable time after the contractor receives notice of the violation.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 5 - Miscellaneous Provisions › Section 8-506 - Notification of Compliance Failure by Contrators

(a)    In this section, “critical area” has the meaning designated under § 8–1802 of the Natural Resources Article.
(b)    The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, as established under Title 8, Subtitle 18 of the Natural Resources Article, shall notify the Commission of any contractor who, in the critical area, fails to comply with:
(1)    the terms of a State or local permit, license, or approval issued for home improvement; or
(2)    any State or local law, approved plan, or other legal requirement.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 6 - Prohibited Acts; Penalties › Part I - Specific Prohibited Acts and Specific Penalties › Section 8-601 - Acting as Contractor or Selling a Home Improvement Without License

(a)    Except as otherwise provided in this title, a person may not act or offer to act as a contractor in the State unless the person has a contractor license.
(b)    Except as otherwise provided in this title, a person may not sell or offer to sell a home improvement in the State unless the person has a contractor license or salesperson license.
(c)    A person who violates this section is guilty of a misdemeanor and, on first conviction, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both and, on a second or subsequent conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding 2 years or both.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 6 - Prohibited Acts; Penalties › Part I - Specific Prohibited Acts and Specific Penalties › Section 8-602 - False Proof of Completion

(a)    A person may not accept a completion certificate or other proof that performance of a home improvement contract is complete or satisfactorily concluded with knowledge that the document or proof is false and the performance is incomplete.
(b)    If a person knows or has good reason to know that a completion certificate or other proof is false, the person may not utter, offer, or use the document or proof to:
(1)    make or accept an assignment or negotiation of the right to receive payment from an owner under a home improvement contract; or
(2)    get or grant credit or a loan on the security of the right to receive payment under a home improvement contract.
(c)    A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding 3 years or both.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 6 - Prohibited Acts; Penalties › Part II - Miscellaneous Prohibited Acts › Section 8-605 - Abandonment of or Failure to Perform Contract

A contractor may not:
(1)    abandon or fail to perform, without justification, a home improvement contract; or
(2)    deviate materially from plans or specifications without the consent of the owner.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 6 - Prohibited Acts; Penalties › Part II - Miscellaneous Prohibited Acts › Section 8-607 - Misrepresentation

A person may not:
(1)    make a substantial misrepresentation when obtaining a home improvement contract;
(2)    make a false promise that is likely to influence, persuade, or induce in connection with a home improvement contract;
(3)    misrepresent a material fact when applying for a license; or
(4)    fail to give the written notice required under § 8-501(c)(2) and (3) of this title.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 6 - Prohibited Acts; Penalties › Part II - Miscellaneous Prohibited Acts › Section 8-609 - Debt Limitation

A person may not prepare, arrange, accept, or participate in arranging a mortgage, promissory note, or other evidence of debt for performing or selling a home improvement with knowledge that the evidence of debt states a greater monetary obligation than the consideration, including a time sale price, for the home improvement.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 6 - Prohibited Acts; Penalties › Part II - Miscellaneous Prohibited Acts › Section 8-610 - False, Deceptive, or Misleading Advertising

(a)    A person may not:
(1)    directly or indirectly publish a false, deceptive, or misleading advertisement about home improvement; or
(2)    advertise or offer, by any means, to perform a home improvement if the person does not intend to accept a home improvement contract:
(i)    to do the particular home improvement; or
(ii)    at the price advertised or offered.
(b)    An advertisement that is subject to and complies with regulations adopted by the Federal Trade Commission is not false, deceptive, or misleading.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 6 - Prohibited Acts; Penalties › Part II - Miscellaneous Prohibited Acts › Section 8-611 - Violation of Laws

A licensee may not violate:
(1)    a building law of the State or a political subdivision of the State;
(2)    a safety or labor law of the State;
(3)    the Maryland Workers’ Compensation Act; or
(4)    the lead paint abatement accreditation requirement under § 6–1002 of the Environment Article or any regulation adopted under that section.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 6 - Prohibited Acts; Penalties › Part II - Miscellaneous Prohibited Acts › Section 8-615 - Advertising Without License Number

A person may not advertise in any way that the person is licensed under this title unless the advertisement states the license number of the person in one of the following forms: “Maryland Home Improvement Commission License No. _____” or “MHIC No. _____”.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 6 - Prohibited Acts; Penalties › Part II - Miscellaneous Prohibited Acts › Section 8-617 - Payment Before Signing Contract; Deposit Limited

(a)    A person may not demand or receive any payment for a home improvement before the home improvement contract is signed.
(b)    A person may not receive a deposit of more than one-third of the home improvement contract price before or at the time of execution of the home improvement contract.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 6 - Prohibited Acts; Penalties › Part III - Civil Penalties › Section 8-620 - Civil Penalties

(a)    (1)    The Commission may impose on a person who violates this title, including § 8–607(4) of this subtitle, a civil penalty not exceeding $5,000 for each violation, whether or not the person is licensed under this title.
(2)    The Commission shall pay any penalty collected under this subsection into the General Fund of the State.
(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 improvement;
(5)    the assets of the violator; and
(6)    any other relevant factors.
(c)    (1)    The Commission may establish by regulation a schedule of violations and fines to be used for civil citations issued under this title.
(2)    A citation issued by the Commission shall include:
(i)    the name and address of the person charged;
(ii)    the nature of the violation;
(iii)    the location and time of the violation;
(iv)    the amount of the fine;
(v)    the manner, location, and time in which the fine may be paid;
(vi)    the cited person’s right to a hearing for the violation; and
(vii)    a warning that failure to pay the fine or to contest liability in a timely manner in accordance with the citation:
1.    is an admission of liability; and
2.    may result in an entry of a default judgment that may include the fine, court costs, and administrative expenses.
(3)    The Commission shall retain a copy of the citation.
(4)    All money collected under this subsection shall be paid in accordance with § 8–403(b) of this title.
2023 Maryland Statutes › Business Regulation › Title 8 - Home Improvement › Subtitle 6 - Prohibited Acts; Penalties › Part IV - General Criminal Penalty › Section 8-623 - General Criminal Penalty

(a)    This section only applies if there is no greater criminal penalty provided under this title or other applicable law.
(b)    A person who violates this title is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both.
2023 Maryland Statutes › Business Regulation › Title 8.5 - Household Goods Movers › Section 8.5-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Household goods movers” has the meaning stated in § 14–3101 of the Commercial Law Article.
(c)    “Household goods moving services” has the meaning stated in § 14–3101 of the Commercial Law Article.
2023 Maryland Statutes › Business Regulation › Title 8.5 - Household Goods Movers › Section 8.5-102 - Household Goods Moving Services

(a)    A person may not provide or offer to provide household goods moving services in the State using a commercial motor vehicle, as defined in 49 C.F.R. 390.5 of the Federal Motor Carrier Safety Regulations, unless the person is registered as a household goods mover under this title.
(b)    This title may not be construed to require registration of:
(1)    employees of a person required to register under subsection (a) of this section; or
(2)    an employee of a person whose goods are being moved.
2023 Maryland Statutes › Business Regulation › Title 8.5 - Household Goods Movers › Section 8.5-104 - Application Requirements

An applicant for registration shall provide:
(1)    the applicant’s name and all trade names under which the applicant intends to provide household goods moving services in the State;
(2)    the applicant’s physical address, telephone number, and, if applicable, e–mail address;
(3)    (i)    the name of all persons with at least 25% ownership in the applicant’s business; and
(ii)    if a person identified under item (i) of this item has previously applied for registration for another entity, identification of that person and the disposition of the application for the other entity;
(4)    the applicant’s federal employee identification number;
(5)    the name of the applicant’s registered agent in the State;
(6)    the applicant’s U.S. Department of Transportation or State Department of Transportation number;
(7)    insurance carrier and policy number showing liability and cargo coverage with the minimum standards in 49 C.F.R. Part 387.303; and
(8)    proof of workers’ compensation coverage for all covered employees.
2023 Maryland Statutes › Business Regulation › Title 8.5 - Household Goods Movers › Section 8.5-105 - Registration

(a)    A household goods mover shall pay an annual registration fee established by the Department.
(b)    On approval of a new or renewal application, the Department shall assign a unique registration number and issue an annual registration to the applicant.
(c)    A household goods mover shall retain a copy of its annual registration in each vehicle used to perform household goods moving services.
2023 Maryland Statutes › Business Regulation › Title 9 - Employment Agencies › Subtitle 1 - Definitions; General Provisions › Section 9-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Client” means an individual who seeks employment through an employment agency.
(c)    (1)    “Employment agency” means a person who, for a fee:
(i)    obtains, offers to obtain, or attempts to obtain:
1.    an employee for a person who seeks an employee; or
2.    employment for a client;
(ii)    provides to a client information to enable the client to obtain employment;
(iii)    obtains, offers to obtain, or attempts to obtain employment or an engagement in connection with an entertainment, exhibition, or performance, including:
1.    a ballet;
2.    a circus;
3.    a concert;
4.    the legitimate theater;
5.    modeling;
6.    a motion picture;
7.    an opera;
8.    a phonograph recording;
9.    the radio;
10.    a transcription;
11.    television;
12.    the variety field; or
13.    vaudeville; or
(iv)    1.    obtains, offers to obtain, or attempts to obtain an alien labor certification or immigrant visa for an individual; and
2.    participates directly or indirectly in the recruitment or supply of an individual who resides outside of the continental United States for employment in the continental United States.
(2)    “Employment agency” does not include a person who merely:
(i)    conducts a business that directly employs individuals to provide part–time or temporary services to another person;
(ii)    as a lawyer, directly obtains an immigrant visa for an individual;
(iii)    conducts a business that:
1.    receives a fee that is paid wholly by an employer;
2.    does not collect money from an individual seeking employment; and
3.    does not require an individual seeking employment to make a contract; or
(iv)    operates a nursing referral service agency that is licensed under Title 19, Subtitle 4B of the Health – General Article.
2023 Maryland Statutes › Business Regulation › Title 9 - Employment Agencies › Subtitle 1 - Definitions; General Provisions › Section 9-102 - Scope of Title

This title does not apply to:
(1)    a charitable, educational, fraternal, or religious organization that does not charge a fee for its services other than ordinary dues for membership;
(2)    a labor organization while obtaining or attempting to obtain employment for a member of the organization; or
(3)    an organization of employers while obtaining or attempting to obtain help for a member of the organization.
2023 Maryland Statutes › Business Regulation › Title 9 - Employment Agencies › Subtitle 3 - Employment Agencies › Section 9-302 - Reprimands, Suspensions, and Revocations -- Grounds; Penalty

An employment agency may not:
(1)    knowingly refer a client to a job if any condition of the job violates any law;
(2)    refer a client to an establishment where a labor dispute exists;
(3)    as a condition of providing service to a client, require the client before acceptance of a job to execute:
(i)    a promissory note; or
(ii)    an instrument with warrant of attorney that authorizes confession of judgment;
(4)    advertise a job for which there is no order by an employer on file;
(5)    send a client to an employer for a job with no order on file for the job unless:
(i)    the employer previously requested regular interviews with qualified clients, the client is qualified, and the employment agency confirms the request before sending the client to the employer; or
(ii)    the employment agency tells the client that the employment agency has no order for the job;
(6)    split a fee with an employer or representative of an employer, except that the employment agency may accept from an employer all or part of a service fee for a client if the employment agency tells the client of the payment;
(7)    charge a client a registration fee or collect in advance from a client a payment for service to be performed for the client to obtain employment;
(8)    publish or cause to be published any false, fraudulent, or misleading information or promise;
(9)    solicit for other employment an individual who is employed by an employer with whom the employment agency placed the individual, unless the individual reactivates the application;
(10)    engage in fraud or dishonest dealing; or
(11)    violate this title.
2023 Maryland Statutes › Business Regulation › Title 9 - Employment Agencies › Subtitle 3 - Employment Agencies › Section 9-304 - Advertisements

(a)    Each employment agency shall keep a file of all job advertisements that identifies each advertisement by:
(1)    its date; and
(2)    the publication where the advertisement appears.
(b)    Each employment agency:
(1)    shall indicate on each advertisement and on all other promotional material the name of the employment agency; and
(2)    except in an advertisement that appears in a classified employment agency column of a newspaper, shall use the word “agency” in each advertisement.
2023 Maryland Statutes › Business Regulation › Title 9 - Employment Agencies › Subtitle 3 - Employment Agencies › Section 9-305 - Contracts and Forms

(a)    Each employment agency shall indicate, on each form that the employment agency uses, that it is an employment agency.
(b)    In a contract between an employment agency and a client, the term “acceptance of position by applicant” means:
(1)    commencement of work by a client; or
(2)    an agreement between a client and employer for the client to begin work on a fixed date at an agreed remuneration.
(c)    In each contract between an employment agency and a client, the employment agency shall state the fee that the employment agency charges the client for placement by the employment agency.
2023 Maryland Statutes › Business Regulation › Title 9 - Employment Agencies › Subtitle 3 - Employment Agencies › Section 9-306 - Temporary Placement Fees

(a)    If, within 90 days after a client starts a job, the client is discharged through no fault of the client or leaves the job voluntarily with just cause, an employment agency may charge the client a temporary placement fee of up to the lesser of:
(1)    20% of the total compensation the client received; or
(2)    75% of the permanent placement fee for the same job.
(b)    If, within 90 days after a client starts a job, the client is discharged for cause or leaves the job voluntarily without just cause, an employment agency may charge the client a temporary placement fee of up to 75% of the permanent placement fee.
2023 Maryland Statutes › Business Regulation › Title 9 - Employment Agencies › Subtitle 3 - Employment Agencies › Section 9-307 - Collection of Placement Fee Limited

If, for a pay period, the pay of an employee placed by an employment agency is not more than the minimum wage under § 3-413 of the Labor and Employment Article, the employment agency may not collect or attempt to collect more than 20% of its placement fee from the employee’s pay for the pay period.
2023 Maryland Statutes › Business Regulation › Title 9 - Employment Agencies › Subtitle 3 - Employment Agencies › Section 9-308 - Reimbursement of Client

Within 24 hours after a client demands reimbursement for ordinary and necessary travel expenses incurred as a result of a referral, an employment agency shall reimburse the client if the client did not obtain employment and:
(1)    the employment agency sent the client to an employer for a job for which the employment agency had no order and failed to tell the client that there was no order;
(2)    the client was qualified and the employment agency sent the client to an employer that previously asked for regular interviews with qualified clients, but the employment agency failed to confirm the order with the employer; or
(3)    the client was unqualified and the employment agency sent the client to an employer that previously asked for regular interviews with qualified clients.
2023 Maryland Statutes › Business Regulation › Title 9 - Employment Agencies › Subtitle 3 - Employment Agencies › Section 9-309 - Documents Provided to Clients

(a)    When an employment agency and a client execute a contract or other document, the employment agency shall give the client a copy of the document.
(b)    For each fee that an employment agency receives from a client, the employment agency shall give the client a receipt that states:
(1)    the name of the client;
(2)    the date of payment;
(3)    the amount of the fee paid; and
(4)    the balance of the fee due.
2023 Maryland Statutes › Business Regulation › Title 9A - Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors › Subtitle 1 - Definitions; General Provisions › Section 9A-102 - Purpose of Title

The purpose of this title is to establish a licensing program for individuals who provide or assist in providing heating, ventilation, air-conditioning, and refrigeration services to:
(1)    protect the public;
(2)    provide and maintain efficient and safe systems;
(3)    promote high professional standards; and
(4)    ensure that qualified individuals carry out subsections (1), (2), and (3) of this section.
2023 Maryland Statutes › Business Regulation › Title 9A - Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors › Subtitle 1 - Definitions; General Provisions › Section 9A-103 - Scope of Title

This title does not limit the right of:
(1)    an individual owner of a single-family dwelling while that owner is practicing heating, ventilation, air-conditioning, or refrigeration services on or within a building or structure owned by the individual;
(2)    an individual who is building a single-family dwelling in which that individual will reside while practicing heating, ventilation, air-conditioning, or refrigeration services on or within that dwelling;
(3)    an employee of a public utility company regulated by the Public Service Commission, when engaged in:
(i)    the development, construction, maintenance, or repair of electric or gas facilities located in the State; or
(ii)    the construction, maintenance, or repair of electric or gas appliances in the service area of the public utility;
(4)    subject to § 9A-403(a) of this title, an employee of the United States government, the State government, a local government, or an independent agency while that employee is practicing heating, ventilation, air-conditioning, or refrigeration services on or within buildings or structures owned or solely occupied by the United States government, the State government, a local government, or an independent agency;
(5)    an individual employed in the installation, maintenance, alteration, repair, or replacement of self-contained appliances requiring not more than 225 volts or 25 amperes of electrical current;
(6)    an individual possessing a master electrician's license issued by the State or any county, when engaged in the installation, alteration, service, repair, or replacement of individually controlled electric resistance heat;
(7)    an individual possessing a master plumber's license issued by the State, Baltimore County, or the Washington Suburban Sanitary Commission when providing heating, ventilation, air-conditioning, or refrigeration services on hydronic heating systems;
(8)    an individual possessing a license to practice engineering when providing heating, ventilation, air-conditioning, or refrigeration services in connection with the practice of engineering;
(9)    an individual who installs, alters, remodels, maintains, or repairs oil burners exclusively while employed by a supplier of home heating fuel; or
(10)    an individual regularly employed by the owner of property, or the owner's agent, to engage in maintenance and repair work.
2023 Maryland Statutes › Business Regulation › Title 9A - Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors › Subtitle 2 - State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors › Section 9A-201 - Established

There is a State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors in the Department.
2023 Maryland Statutes › Business Regulation › Title 9A - Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors › Subtitle 2 - State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors › Section 9A-203 - Officers

(a)    From among the Board members, the Governor shall appoint a chairman.
(b)    Except for the chairman, the manner of election of officers shall be as the Board determines.
2023 Maryland Statutes › Business Regulation › Title 9A - Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors › Subtitle 2 - State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors › Section 9A-204 - Meetings; Quorum; Staff; Compensation

(a)    (1)    The Board shall meet once a month in a location and office provided by the State.
(2)    Special meetings of the Board may be held as the Board provides in its rules and regulations.
(b)    A majority of the members then serving on the Board is a quorum.
(c)    The Board may employ a staff in accordance with the State budget.
(d)    Subject to the State budget, each member of the Board is entitled to:
(1)    an annual salary of $3,600; and
(2)    reimbursement for reasonable expenses under the Standard State Travel Regulations.
2023 Maryland Statutes › Business Regulation › Title 9A - Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors › Subtitle 2 - State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors › Section 9A-205 - Powers and Duties of Board

(a)    In addition to the powers set forth elsewhere, the Board shall:
(1)    adopt rules and regulations to carry out the provisions of this title;
(2)    adopt and enforce a code that sets minimum standards for installing, altering, remodeling, maintaining, and repairing heating, ventilation, air-conditioning, hydronic, and refrigeration systems;
(3)    administer examinations;
(4)    issue licenses;
(5)    keep a list of all licensees;
(6)    keep a record of its proceedings; and
(7)    adopt an official seal.
(b)    The Board shall enter into a cooperative agreement with a county for the county to enforce the code adopted under this section.
(c)    If a county has adopted a code prior to January 1, 1988 the county code shall apply within that county.
(d)    The Board exercises its powers, duties, and functions subject to the authority of the Secretary.
2023 Maryland Statutes › Business Regulation › Title 9A - Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors › Subtitle 2 - State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors › Section 9A-206 - Enforcement of Title

(a)    The Board may investigate any complaint that alleges facts that constitute a violation of this title.
(b)    On receipt of the results of an investigation made under this section, the Board promptly shall take action that is appropriate under this title to ensure compliance with this title.
(c)    (1)    If the Board concludes that any conduct alleged to be in violation of this title will result in harm to any citizen of the State, the Board may seek a permanent or temporary injunction with respect to the conduct from the circuit court of any county in which the alleged violation occurs, or in which the violator has its principal place of business.
(2)    In seeking an injunction under this subsection, the Board is not required to:
(i)    post bond;
(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.
(d)    (1)    Any 5 members of the Board, or a hearing officer designated by the Board, may administer oaths, hold hearings, and take testimony about all matters within the jurisdiction of the Board.
(2)    The Board, or its designee, may take testimony of any person by deposition in the same manner as in judicial proceedings in State civil cases.
(3)    Any party to any hearing before the Board has the right to attendance of witnesses, after making a request to the Board and designating the person sought to be subpoenaed.
(4)    A member of the Board may not be held personally liable for any action taken under this section.
(e)    (1)    The Board or its designee may issue a subpoena.
(2)    The Police Department of Baltimore City or the sheriff of a county shall serve a subpoena issued under this subsection.
(3)    If a person fails to comply with a subpoena issued under this subsection, on petition of the Board, a court of competent jurisdiction may compel compliance with the subpoena.
(f)    (1)    Subject to the notice and hearing provisions of Title 10, Subtitle 2 of the State Government Article, the Board may issue a cease and desist order for a violation of any provision of this title or a regulation adopted under this title.
(2)    After a hearing, if the Board finds that a person has violated this title or a regulation adopted under this title, the Board may order the person to cease and desist from the violation and any further similar violations.
(3)    Any party aggrieved by a decision and order of the Board under this subsection may take an appeal as provided under §§ 10–222 and 10–223 of the State Government Article.
2023 Maryland Statutes › Business Regulation › Title 9A - Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors › Subtitle 2 - State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors › Section 9A-207 - Fees; Disposition of Money

(a)    The Board may set by regulation reasonable fees for its services.
(b)    The fees charged shall be:
(1)    set so as to produce funds to approximate the cost of maintaining the Board; and
(2)    based on the calculations performed by the Secretary under § 2–106.10 of this article.
(c)    The Board shall publish a schedule of the fees set by the Board.
(d)    (1)    The Board shall pay all fees collected under this title to the Comptroller.
(2)    The Comptroller shall distribute the fees to the Occupational Mechanical Licensing Boards’ Fund established in § 2–106.9 of this article.
2023 Maryland Statutes › Business Regulation › Title 9A - Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors › Subtitle 3 - Licensing › Section 9A-303 - Applications for Licenses

An applicant for a license shall:
(1)    submit an application to the Board in the form that the Board provides; and
(2)    pay to the Board or the Board’s designee an examination fee established by the Board in an amount not to exceed the cost of the examination.
2023 Maryland Statutes › Business Regulation › Title 9A - Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors › Subtitle 3 - Licensing › Section 9A-304 - Examinations

(a)    An applicant who otherwise qualifies for a license is entitled to be examined as provided in this section.
(b)    The Board shall offer examinations to applicants at least twice annually, at places within the State and at times that the Board determines.
(c)    The Board shall mail or electronically transmit written notice of the date, hour, and place of examination to each applicant for a license who is required to pass the examination.
(d)    (1)    The Board shall determine the subjects, scope, and form of and the passing score for examinations given under this title.
(2)    The Board shall provide examination questions that test the competency and qualifications of the applicant.
(e)    An applicant for a master restricted, journeyman restricted, or limited heating, ventilation, air-conditioning, and refrigeration contractor license shall be examined only on subjects in which the applicant has the experience required under § 9A-302 of this subtitle.
(f)    To take an examination, an applicant shall pay to the Board or a testing service chosen by the Board the examination fee set by the Board in an amount not to exceed the cost of the examination.
(g)    (1)    The Board may use a testing service to administer the examinations given under this title.
(2)    If the Board uses a testing service, the testing service, subject to requirements set by the Board, may:
(i)    set the time and place of examinations;
(ii)    give qualified applicants notice of the time and place of examinations; and
(iii)    furnish any other information that the Board may require the testing service to provide.
2023 Maryland Statutes › Business Regulation › Title 9A - Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors › Subtitle 3 - Licensing › Section 9A-305 - Waiver of Examination Requirements -- License in Another State

(a)    Subject to the limitations in subsections (b) and (c) of this section, on the affirmative vote of at least a majority of the authorized membership of the Board, the Board may waive the examination requirements of this title for an individual who is licensed in another state to provide heating, ventilation, air–conditioning, or refrigeration services as a journeyman, journeyman restricted, master, master restricted, or limited heating, ventilation, air–conditioning, and refrigeration contractor.
(b)    The Board may grant a waiver under this section only if the applicant:
(1)    pays the appropriate application fee required by § 9A–207 of this title; and
(2)    provides adequate evidence that the applicant:
(i)    meets the qualifications otherwise required by this title;
(ii)    holds an active license in good standing in the other state;
(iii)    holds a license that is equivalent to the State license; and
(iv)    became licensed in the other state after meeting, in that state, requirements that are at least equivalent to the licensing requirements of this State, including the number of years of work experience equivalent to the experience required under § 9A–302(b), (c), and (d) of this subtitle.
(c)    The Board may grant a waiver only if the state in which the applicant is licensed waives the examination of licensees of this State to a similar extent as this State waives the examination requirements for individuals licensed in that state.
(d)    (1)    In this subsection, “BRAC” means the Base Realignment and Closure process as announced by the United States Department of Defense.
(2)    Notwithstanding the provisions of subsections (a), (b), and (c) of this section, the Board shall grant a waiver to an applicant who files a request before July 1, 2012, if the applicant:
(i)    pays the appropriate application fee required under § 9A–207 of this title;
(ii)    holds an active Virginia license in good standing that is equivalent to the State license;
(iii)    has experience in the provision of heating, ventilation, air–conditioning, or refrigeration services that meets the time requirements of § 9A–302 of this subtitle; and
(iv)    has relocated to the State as a family member of a BRAC employee.
2023 Maryland Statutes › Business Regulation › Title 9A - Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors › Subtitle 3 - Licensing › Section 9A-307 - Passage or Failure of Examination

(a)    To qualify for a license, an applicant shall obtain a grade of at least 70 percent on the examination.
(b)    The use of unauthorized material or other misbehavior by an applicant during an examination shall cause the immediate rejection of the application and shall bar the applicant from reexamination for at least 1 year.
(c)    (1)    Applicants who have failed an examination or fail to appear for a scheduled examination shall be required to file a new application and pay a new fee.
(2)    Examination fees shall be nonrefundable.
(d)    Each applicant who has taken an examination required by this title shall be notified of the grade received on the examination as soon as practicable.
2023 Maryland Statutes › Business Regulation › Title 9A - Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors › Subtitle 3 - Licensing › Section 9A-308 - Notification of Passing Examination

(a)    If an applicant passes the examination required by the Board and otherwise qualifies for a master, master restricted, or limited heating, ventilation, air-conditioning, and refrigeration contractor license under this title, the Board shall send the applicant a notice that states:
(1)    the applicant has qualified for the license; and
(2)    the Board will issue the license to an applicant on receipt of:
(i)    proof of insurance as required under § 9A-402 of this title; and
(ii)    a license fee established by the Board.
(b)    If an applicant passes the examination required by the Board and otherwise qualifies for a journeyman license or journeyman restricted license under this title, the Board shall send the applicant a notice that states:
(1)    the applicant has qualified for the license; and
(2)    the Board will issue the license to an applicant on receipt of a license fee established by the Board.
2023 Maryland Statutes › Business Regulation › Title 9A - Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors › Subtitle 3 - Licensing › Section 9A-309 - Term and Renewal of License; Inactive Status; Transferability; Death of Licensee

(a)    Unless the license is renewed for a 2-year term as provided in this section, a license expires on the first October 1 that comes:
(1)    after the effective date of the license; and
(2)    in an odd-numbered year.
(b)    Before the license expires, the licensee may renew it for an additional 2-year term, if the licensee:
(1)    otherwise is entitled to be granted a license;
(2)    pays to the Board a renewal fee established by the Board; and
(3)    submits:
(i)    proof of insurance as provided by § 9A-402 of this title; and
(ii)    a renewal application in the form that the Board provides.
(c)    The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.
(d)    (1)    At the time of renewal, a licensee who holds a valid heating, ventilation, air-conditioning, and refrigeration contractor license may apply to the Board for inactive status, during which time the licensee may not provide heating, ventilation, air-conditioning, or refrigeration services in the State.
(2)    If an individual wishes to renew a license on inactive status, the individual shall meet the requirements of subsection (b)(1), (2), and (3)(ii) of this section.
(3)    To return to active status the licensee must meet the renewal requirements of subsection (b) of this section.
(4)    Unless a licensee on inactive status renews the license as provided in this section, or reactivates the license as provided in this section, the license expires on the first October 1 that comes:
(i)    after the inactive status certificate has been issued to the licensee; and
(ii)    in an odd-numbered year.
(e)    (1)    If application for restoration is made within 90 days of expiration of a license, the license may be restored only on payment of a renewal fee.
(2)    If application for restoration is not made within the 90-day period, the Board may require compliance with the process for initial applications as if the applicant had never been licensed.
(f)    Except as provided in subsection (g) of this section, a license issued under this title is not transferable.
(g)    (1)    On the death of a licensed heating, ventilation, air-conditioning, and refrigeration contractor, the personal representative of the deceased licensee may retain the license for up to 6 months for the purpose of winding up the business.
(2)    In cases of extreme hardship, the Board may allow the personal representative to retain the license for an additional period not to exceed 24 months upon a good faith showing that the personal representative has:
(i)    acted diligently to conclude the business of the deceased licensee; and
(ii)    complied with the provisions of this title.
(h)    The Secretary may determine that licenses issued under this subtitle shall expire on a staggered basis.