reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Business Regulation › Title 4 - Athletics › Subtitle 3 - Boxing, Kick Boxing, Wrestling, and Mixed Martial Arts › Section 4-321 - Accepting Money or Gifts for Favors

A manager, second, matchmaker, promoter, or principal may not accept money or a gift from a boxer, exhibitor of boxing, kick boxer, wrestler, or mixed martial arts contestant in return for a special privilege or for discriminating in making a match.
2023 Maryland Statutes › Business Regulation › Title 4 - Athletics › Subtitle 3 - Boxing, Kick Boxing, Wrestling, and Mixed Martial Arts › Section 4-322 - Penalties

(a)    A person who violates this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $2,000, six months imprisonment, or both.
(b)    (1)    The Commission may impose on a person who violates any provision of this title a penalty not exceeding $5,000 for each violation.
(2)    In setting the amount of the penalty, the Commission shall consider:
(i)    the seriousness of the violation;
(ii)    the harm caused by the violation;
(iii)    the good faith of the violator;
(iv)    any history of previous violations by the violator; and
(v)    any other relevant factors.
(3)    The Commission shall pay any penalty collected under this subsection into the General Fund of the State.
2023 Maryland Statutes › Business Regulation › Title 4 - Athletics › Subtitle 3 - Boxing, Kick Boxing, Wrestling, and Mixed Martial Arts › Section 4-323 - Injunctive Relief

(a)    The Commission may seek an ex parte, interlocutory, or final injunction from a circuit court if it concludes that a person:
(1)    conducts or attempts to conduct a contest that is not under the control and jurisdiction of the Commission in violation of § 4-205(a) of this title; or
(2)    participates or attempts to participate in a contest in the absence of a valid license issued by the Commission in violation of § 4-303 of this subtitle.
(b)    The injunctive relief may be sought from the circuit court of any county in which the contest is to be held or where the individual who is alleged to be violating this subtitle resides or has its principal place of business.
(c)    When seeking an injunction under this section, the Commission is not required to:
(1)    file a bond; or
(2)    show a lack of adequate remedy at law.
2023 Maryland Statutes › Business Regulation › Title 4 - Athletics › Subtitle 4 - Maryland Uniform Athlete Agents Act › Section 4-402 - Appointment of Secretary as Agent for Service of Process; Issuance of Subpoenas

(a)    By acting as an athlete agent in the State, a nonresident individual appoints the Secretary as the individual’s agent for service of process in any civil action in the State related to the individual’s acting as an athlete agent in the State.
(b)    The Secretary may issue subpoenas for any material that is relevant to the administration of this subtitle.
2023 Maryland Statutes › Business Regulation › Title 4 - Athletics › Subtitle 4 - Maryland Uniform Athlete Agents Act › Section 4-403 - Acting as Athlete Agent Without License

(a)    Except as otherwise provided in subsection (b) of this section, an individual may not act as an athlete agent in the State without holding a license under § 4-405 of this subtitle.
(b)    Before being issued a license, an individual may act as an athlete agent in the State for all purposes except signing an agency contract if:
(1)    a student-athlete or another person acting on behalf of the student-athlete initiates communication with the individual; and
(2)    within 7 days after an initial act as an athlete agent, the individual submits an application for a license as an athlete agent in the State.
(c)    An agency contract resulting from conduct in violation of this section is void and the athlete agent shall return any consideration received under the contract.
2023 Maryland Statutes › Business Regulation › Title 4 - Athletics › Subtitle 4 - Maryland Uniform Athlete Agents Act › Section 4-406 - License -- Reprimand, Suspension, Revocation

(a)    Subject to the hearing provisions of § 4-407 of this subtitle, the Secretary may reprimand a licensee, suspend, or revoke a license for conduct that would have justified denial of a license under § 4-405(b) of this subtitle.
(b)    (1)    Instead of or in addition to reprimanding the licensee or suspending or revoking a license under subsection (a) of this section, the Secretary may assess a civil penalty under § 4-416 of this subtitle.
(2)    The Secretary shall pay any penalty collected under this subsection into the General Fund of the State.
2023 Maryland Statutes › Business Regulation › Title 4 - Athletics › Subtitle 4 - Maryland Uniform Athlete Agents Act › Section 4-407 - Hearing

(a)    Except as provided in § 10-226 of the State Government Article, before the Secretary takes any final action under § 4-405(b), § 4-406, or § 4-416 of this subtitle, the Secretary shall give the person against whom the action is contemplated an opportunity for a hearing before the Secretary.
(b)    The Secretary shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(c)    The Secretary may administer oaths in a proceeding under this section.
(d)    If, after due notice, the person against whom the action is contemplated does not appear, the Secretary may hear and determine the matter.
2023 Maryland Statutes › Business Regulation › Title 4 - Athletics › Subtitle 4 - Maryland Uniform Athlete Agents Act › Section 4-409 - Agency Contract

(a)    An agency contract must be in a record signed or otherwise authenticated by the parties.
(b)    An agency contract must state or contain:
(1)    the amount and method of calculating the consideration to be paid by the student–athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services;
(2)    the name of any person not listed in the application for a license or renewal of a license who will be compensated because the student–athlete signed the agency contract;
(3)    a description of any expenses that the student–athlete agrees to reimburse;
(4)    a description of the services to be provided to the student–athlete;
(5)    the duration of the contract; and
(6)    the date of execution.
(c)    An agency contract must contain, in close proximity to the signature of the student–athlete, a conspicuous notice in boldface type in capital letters stating:
“WARNING TO STUDENT–ATHLETE
IF YOU SIGN THIS CONTRACT:
(1)    YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT–ATHLETE IN YOUR SPORT;
(2)    IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND
(3)    YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.”
(d)    (1)    An agency contract that does not conform to this section is voidable by the student–athlete.
(2)    If a student–athlete voids an agency contract under this section, the student–athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student–athlete to enter into the contract.
(e)    The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student–athlete at the time of execution.
2023 Maryland Statutes › Business Regulation › Title 4 - Athletics › Subtitle 4 - Maryland Uniform Athlete Agents Act › Section 4-410 - Notice of Agency Contract to Athletic Director

(a)    Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student-athlete is enrolled or the athlete agent has reasonable grounds to believe the student-athlete intends to enroll.
(b)    Within 72 hours after entering into an agency contract or before the next athletic event in which the student-athlete may participate, whichever occurs first, the student-athlete shall inform the athletic director of the educational institution at which the student-athlete is enrolled or in which the student-athlete intends to enroll that the student-athlete has entered into an agency contract.
2023 Maryland Statutes › Business Regulation › Title 4 - Athletics › Subtitle 4 - Maryland Uniform Athlete Agents Act › Section 4-411 - Cancellation of Contract

(a)    A student-athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within 14 days after the contract is signed.
(b)    A student-athlete may not waive the right to cancel an agency contract.
(c)    If a student-athlete cancels an agency contract, the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract.
2023 Maryland Statutes › Business Regulation › Title 4 - Athletics › Subtitle 4 - Maryland Uniform Athlete Agents Act › Section 4-412 - Retention of Records by Athlete Agent

(a)    An athlete agent shall retain the following records for a period of 5 years:
(1)    the name of each individual represented by the athlete agent;
(2)    the address of each individual represented by the athlete agent;
(3)    any agency contract entered into by the athlete agent; and
(4)    any direct costs incurred by the athlete agent in the recruitment or solicitation of a student-athlete to enter into an agency contract.
(b)    Records required to be retained by subsection (a) of this section are open to inspection by the Secretary during normal business hours.
2023 Maryland Statutes › Business Regulation › Title 4 - Athletics › Subtitle 4 - Maryland Uniform Athlete Agents Act › Section 4-413 - Prohibited Activities

(a)    An athlete agent, with the intent to induce a student–athlete to enter into an agency contract, may not:
(1)    give any materially false or misleading information or make a materially false promise or representation;
(2)    furnish anything of value to a student–athlete before the student–athlete enters into the agency contract;
(3)    furnish anything of value to any individual other than the student–athlete or another licensed athlete agent; or
(4)    solicit another individual who is not an athlete agent to commit an act on behalf of the athlete agent that is a violation of this subtitle.
(b)    An athlete agent may not intentionally:
(1)    initiate contact with a student–athlete unless licensed under this subtitle;
(2)    refuse or fail to retain or permit inspection of the records required to be retained by § 4–412 of this subtitle;
(3)    fail to obtain a license when required by § 4–403 of this subtitle;
(4)    provide materially false or misleading information in an application for a license or renewal of a license;
(5)    predate or postdate an agency contract; or
(6)    fail to notify a student–athlete before the student–athlete signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student–athlete ineligible to participate as a student–athlete in that sport.
(c)    An athlete agent may not split a fee with or receive compensation from:
(1)    a professional sports league;
(2)    a professional sports franchise;
(3)    a representative or employee of a professional sports league or franchise; or
(4)    an employee of an educational institution in the State.
2023 Maryland Statutes › Business Regulation › Title 4 - Athletics › Subtitle 4 - Maryland Uniform Athlete Agents Act › Section 4-415 - Right of Action by Educational Institution

(a)    (1)    An educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by violation of this subtitle.
(2)    In an action under this section, the court may award to the prevailing party costs and reasonable attorney’s fees.
(b)    Damages to an educational institution under subsection (a) of this section include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student-athlete, the educational institution was injured by a violation of this subtitle or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization.
(c)    A right of action under this section does not accrue until the educational institution discovers, or by the exercise of reasonable diligence would have discovered, the violation by the athlete agent or former student-athlete.
(d)    Any liability of the athlete agent or the former student-athlete under this section is several and not joint.
(e)    This subtitle does not restrict rights, remedies, or defenses of any person under law or equity.
2023 Maryland Statutes › Business Regulation › Title 4 - Athletics › Subtitle 4 - Maryland Uniform Athlete Agents Act › Section 4-416 - Civil Penalty

(a)    Except as otherwise provided in this subtitle and subject to the provisions of § 4-407 of this subtitle, the Secretary may assess a civil penalty against a person who violates any provision of this subtitle not to exceed $25,000.
(b)    To determine the amount of the penalty, the Secretary shall consider:
(1)    the seriousness of the violation;
(2)    the harm caused by the violation;
(3)    the good faith of the violator;
(4)    any history of previous violations by the violator; and
(5)    any other relevant factors.
(c)    The Secretary shall pay any penalty collected under this section into the General Fund of the State.
2023 Maryland Statutes › Business Regulation › Title 4 - Athletics › Subtitle 4 - Maryland Uniform Athlete Agents Act › Section 4-418 - Electronic Signatures in Global and National Commerce Act

The provisions of this subtitle governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106-229, 114 Stat. 464 (2000), and supersede, modify, and limit the Electronic Signatures in Global and National Commerce Act.
2023 Maryland Statutes › Business Regulation › Title 4 - Athletics › Subtitle 4 - Maryland Uniform Athlete Agents Act › Section 4-419 - Severability Clause

If any provision of this subtitle or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subtitle which can be given effect without the invalid provision or application, and to this end the provisions of this subtitle are severable.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 2 - Home Builder Registration Unit; Home Builder Registration Fund › Section 4.5-202 - Powers and Duties of Unit

(a)    The Unit shall maintain a list of all registrants and registered sales representatives.
(b)    (1)    The Unit shall make available to each applicant for registration as a home builder or home builder sales representative a copy of this title and other applicable laws and regulations.
(2)    The Unit shall make available to each registrant and each registered sales representative any amendments to this title or other applicable laws or regulations at least 30 days before the effective date of the amendments.
(c)    (1)    In consultation with the home building industry, the Unit shall develop a consumer information pamphlet written in plain English that describes:
(i)    the rights and remedies of consumers in the purchase of a new home; and
(ii)    any other information that the Division considers reasonably necessary to assist consumers.
(2)    The Division shall provide each registered home builder with a sufficient number of copies of the consumer information pamphlets as needed by the home builder.
(3)    A home builder shall provide each contract purchaser with the consumer information pamphlet before entering into a contract for the initial sale of a new home.
(4)    The contract purchaser shall acknowledge in writing the receipt of the consumer information pamphlet.
(5)    The failure of a home builder to provide a copy of the consumer information pamphlet to a contract purchaser may not be used as a basis for invalidation of the contract for the initial sale of a new home.
(d)    The Unit shall collect and maintain information on the resolution of consumer complaints involving new home builders or home builder sales representatives.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 2 - Home Builder Registration Unit; Home Builder Registration Fund › Section 4.5-203 - Home Builder Registration Fund

(a)    (1)    There is a Home Builder Registration Fund.
(2)    The Division shall administer the Registration Fund.
(3)    The Registration Fund shall be used to cover the actual documented direct and indirect costs incurred for the administration and enforcement of the Maryland Home Builder Registration Act.
(4)    The Registration Fund is a continuing, nonlapsing fund, and is subject to § 7-302 of the State Finance and Procurement Article.
(5)    Unspent assets of the Registration Fund shall remain in the Registration Fund and may not revert or be transferred to the General Fund of the State.
(6)    The Registration Fund may not be supported by appropriations of State funds.
(b)    The Division shall pay all funds collected under §§ 4.5-303, 4.5-304, and 4.5-305 of this title to the Comptroller, who shall distribute the fees to the Registration Fund.
(c)    The accounts and transactions of the Registration Fund shall be subject to audit by the Legislative Auditor in accordance with  §§ 2–1220 through 2–1227 of the State Government Article.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 3 - Registration › Section 4.5-301 - Registration Required

(a)    Except as otherwise provided in this title, a person may not act as a home builder in the State unless the person is registered as a home builder under this title.
(b)    A person may not act as a home builder sales representative in the State unless the person is a registered sales representative under this title.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 3 - Registration › Section 4.5-302 - Liability Insurance

(a)    Each person that constructs new homes for sale to the public shall maintain general liability insurance for at least $100,000.
(b)    If a home builder’s registration has been revoked and the home builder applies for a new registration, the Unit shall, in its discretion, approve the application on the applicant’s fulfillment of specified terms and conditions, including the posting of a bond for the benefit of subcontractors, suppliers, and consumers, and the payment of any judgments or awards due to any subcontractors, suppliers, and consumers, for a period of 4 years from the date of the approval of registration, after which the licensing bond shall expire and shall no longer be required to be maintained by the registered home builder.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 3 - Registration › Section 4.5-303 - Registration -- Application; Fee

(a)    To apply for registration as a home builder or a home builder sales representative, an applicant shall:
(1)    submit to the Unit under oath an application on the form provided by the Unit; and
(2)    pay the nonrefundable application fee required by this subtitle.
(b)    The application for registration as a home builder shall require an applicant to provide:
(1)    the applicant’s name;
(2)    the applicant’s business address, telephone number, and, if applicable, electronic mail address;
(3)    in the case of an applicant who is an individual, the applicant’s Social Security number;
(4)    in the case of an applicant other than an individual:
(i)    the applicant’s federal employer identification number; and
(ii)    the names and addresses of all principals of the applicant;
(5)    the names of all applicants and principals who have previously applied for registration, and the disposition of all previous applications;
(6)    the name of any applicant or principal that was a principal in an entity that previously applied for registration;
(7)    a list of all states and other jurisdictions in which the applicant holds a similar registration or license;
(8)    a list of all states and other jurisdictions in which the applicant has had a similar registration or license suspended or revoked;
(9)    a statement whether any pending judgments or tax liens exist against the applicant;
(10)    (i)    the election made by the applicant regarding deposit moneys under § 10–301 of the Real Property Article; and
(ii)    if the applicant elects to hold deposits in an escrow account, the account number and the name of the financial institution that holds the escrow account;
(11)    if the applicant participates in a new home warranty security plan, the name and address of the warranty company; and
(12)    the name of the insurance carrier and the policy number of the general liability coverage required under § 4.5–302 of this subtitle.
(c)    The application for registration as a home builder sales representative shall require an applicant to provide:
(1)    the applicant’s name;
(2)    the applicant’s business address, telephone number, and, if applicable, electronic mail address;
(3)    the applicant’s Social Security number;
(4)    a list of all states and other jurisdictions in which the applicant holds a similar registration or license;
(5)    a list of all states and other jurisdictions in which the applicant has had a similar registration or license suspended or revoked;
(6)    the applicant’s employer’s business name, address, telephone number, and registration number or if the employer is exempt from registration under this title, documentation that the employer erects or constructs homes solely in Montgomery County; and
(7)    a statement whether any pending judgments or tax liens exist against the applicant.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 3 - Registration › Section 4.5-304 - Issuance of Home Builder Registration Number; Authority Conferred

(a)    The Unit shall register and issue a home builder registration number to an applicant for a home builder registration that:
(1)    meets the requirements of this title; and
(2)    pays to the Division an initial nonrefundable 2–year registration fee of $800.
(b)    A home builder registration issued under this title may not be transferred, assigned, or pledged.
(c)    A valid home builder registration authorizes the registrant to act as a home builder in the State.
(d)    (1)    A home builder that holds a license or registration in Montgomery County may act as a home builder in that county only, unless the home builder is also registered under this title.
(2)    A home builder that holds a license or registration in Montgomery County and is not registered under this title is subject to Subtitle 7 of this title.
(3)    (i)    In addition to the county license or registration fee, a home builder that is required to hold a license or registration only in Montgomery County shall pay to the county a Guaranty Fund administrative fee of $250.
(ii)    The county shall remit the Guaranty Fund administrative fee to the Unit to be deposited in the Registration Fund.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 3 - Registration › Section 4.5-304.1 - Issuance of Home Builder Sales Representative Registration Certificate; Authority Conferred

(a)    The Unit shall register and issue a registration certificate to an applicant for a home builder sales representative registration certificate that:
(1)    meets the requirements of this title; and
(2)    pays to the Division an initial nonrefundable 2–year registration fee of $300.
(b)    A Unit shall include on each registration certificate that the Unit issues:
(1)    that this is a registration certificate for a registered sales representative;
(2)    the full name of the certificate holder;
(3)    the certificate holder’s employer’s registration number or the name of the licensed or registered Montgomery County home builder; and
(4)    the certificate holder’s registration number.
(c)    A registration certificate issued under this title may not be transferred, assigned, or pledged.
(d)    A valid registration certificate authorizes the certificate holder to act as a home builder sales representative in the State.
(e)    The Unit may issue a registration certificate to replace a lost, destroyed, or mutilated registration certificate if the certificate holder pays the registration certificate replacement fee set by the Unit.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 3 - Registration › Section 4.5-305 - Renewal of Registration Number or Certificate

(a)    (1)    Unless renewed under this section, a registration or registration certificate expires on the second anniversary of its effective date.
(2)    A registrant or registered sales representative that meets the requirements of subsection (c) of this section may obtain a renewal of a registration or registration certificate before the registration or registration certificate expires for an additional 2–year term.
(3)    Once expired, a registration or a registration certificate may not be renewed.
(b)    At least 60 days before a registration or registration certificate expires, the Unit shall mail the registrant or registered sales representative, at the last known address of the registrant or registered sales representative:
(1)    a renewal application form; and
(2)    a notice that states:
(i)    the date on which the current registration or registration certificate expires; and
(ii)    the date by which the Unit must receive the renewal application for a renewal to be issued and mailed before the registration or registration certificate expires.
(c)    The Unit shall renew the registration or registration certificate of each registrant or registered sales representative that:
(1)    submits to the Unit a renewal application on the form provided by the Unit;
(2)    would qualify for an initial registration or initial registration certificate;
(3)    (i)    for renewal of a registration, pays to the Division a nonrefundable renewal fee based on the number of building permits for the construction of new homes issued to the registrant in the preceding calendar year as follows:
1.    10 or fewer new homes..................................... $400;
2.    11 to 74 new homes....................................... $800; and
3.    75 or more new homes……………………. $1,200; or
(ii)    for renewal of a registration certificate, pays to the Division a nonrefundable renewal fee of $300; and
(4)    is otherwise entitled to be registered.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 3 - Registration › Section 4.5-306 - Change of Information

(a)    (1)    A registrant shall send the Unit written notice of any change in the information submitted under § 4.5–303(b) of this subtitle within 10 working days after the change is effective.
(2)    A registered sales representative shall send the Unit written notice of any change in the information submitted under § 4.5–303(c) of this subtitle within 10 working days after the change is effective.
(b)    A registrant and a registered sales representative shall comply with subsection (a) of this section for 1 year after the registrant ceases to be registered.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 3 - Registration › Section 4.5-307 - Display of Registration Number or Certificate

(a)    (1)    Each registrant shall display its home builder registration number conspicuously on all properties at which the registrant is performing work that requires registration under this title.
(2)    If a registrant is building multiple homes in one project area or subdivision, the registrant may post its home builder registration number in one central conspicuous location in the project area or subdivision.
(b)    Each registered sales representative shall display the registration certificate conspicuously at the property at which the registered sales representative primarily performs work that requires registration under this title.
(c)    (1)    A home builder shall provide each prospective home buyer with a disclosure that states: “The sales representative works for the home builder, which means that he or she may assist the buyer in purchasing the property, but his or her duty of loyalty is only to the home builder.”.
(2)    The disclosure under paragraph (1) of this subsection shall be in at least 12–point bold type and shall be included with:
(i)    any written materials made available to consumers at the property at which a registered sales representative primarily performs work that requires registration under this title; and
(ii)    the first agreement signed by the consumer.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 4 - Remedies › Section 4.5-401 - Remedies

(a)    The Division shall encourage the owner or buyer to pursue resolution of the dispute pursuant to the existing contract.
(b)    The owner’s or buyer’s remedies under this subtitle shall not supersede any consumer contractual obligations, and are in addition to any remedies the owner or buyer may have under the Consumer Protection Act or any other law.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 5 - Prohibited Acts; Penalties › Section 4.5-501 - Prohibited Acts; Penalties; Exemptions From Title

(a)    Except as otherwise provided in this title, a person may not act as, offer to act as, hold oneself out as, or impersonate a registrant or registered sales representative in the State unless the person is a registrant or registered sales representative.
(b)    A person that violates this section is guilty of a misdemeanor and, on first conviction, is subject to a fine not exceeding $1,000 and on second or subsequent conviction, is subject to a fine not exceeding $5,000.
(c)    The following lenders are exempt from the requirements relating to registration under this title when the lender hires a second registered home builder who would undertake to complete a first home builder’s unfinished project pursuant to a default in obligations of the first home builder to the lender:
(1)    a mortgage lender as defined in § 11–501(j)(1)(ii) of the Financial Institutions Article that is a licensee under Title 11, Subtitle 5 of the Financial Institutions Article;
(2)    a bank, trust company, savings bank, savings and loan association, or credit union incorporated or chartered under the laws of this State or the United States that maintains its principal office in this State;
(3)    an out–of–state bank as defined in § 5–1001 of the Financial Institutions Article that has a branch in this State that accepts deposits;
(4)    an institution incorporated under federal law as a savings association or savings bank that does not maintain its principal office in this State but has a branch that accepts deposits in this State; and
(5)    a subsidiary or affiliate of an institution described in paragraph (2), (3), or (4) of this subsection that is subject to audit or examination by a regulatory body or agency of this State, the United States, or the state where the subsidiary or affiliate maintains its principal office.
(d)    An exempt lender is subject only to §§ 4.5–202(c), 4.5–401, 4.5–503, 4.5–601, 4.5–602, and 4.5–603 of this title.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 5 - Prohibited Acts; Penalties › Section 4.5-502 - Civil Administrative Action

(a)    Subject to the notice and hearing provisions of Title 10, Subtitle 2 of the State Government Article, the Division may bring a civil administrative action against a person that violates § 4.5-501(a) of this subtitle.
(b)    After a hearing, if the Division finds that a person has violated § 4.5-501(a) of this subtitle, the Division may:
(1)    order the person to cease and desist from unlawful practice; and
(2)    impose a civil penalty of not more than $1,000 for each day of unlawful practice.
(c)    Any party aggrieved by a decision and order of the Division under this section may file an appeal as provided under §§ 10-222 and 10-223 of the State Government Article.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 5 - Prohibited Acts; Penalties › Section 4.5-503 - Advertising Without Registration Number

A person may not advertise in any way that the person is registered under this title unless the advertisement states the home builder registration number of the person in one of the following forms:
“Maryland Home Builder Registration No. ____”; or
“MHBR No. ____”.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 5 - Prohibited Acts; Penalties › Section 4.5-504 - Criminal Penalty

(a)    This section only applies if there is no greater criminal penalty provided under this title or other applicable law.
(b)    A person who engages in repeated violations of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 6 - Miscellaneous Provisions › Section 4.5-601 - Permits

(a)    Except for a building permit for construction to be performed directly by a landowner solely for the landowner’s own use, the building and permits department of a county may not issue a permit for home building unless:
(1)    the permit includes the home builder registration number of a registrant; and
(2)    the person pays the Guaranty Fund fee required under § 4.5–704 of this title.
(b)    Before issuing a permit for home building to a landowner, the building and permits department of a county shall obtain the signature of the landowner affirming that the permit is being issued solely for the purpose of the landowner performing work on the landowner’s own property.
(c)    Nothing in this section shall be construed to relieve a registrant from the obligation to obtain all other permits, licenses, and other authorizations for the construction of a new home.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 6 - Miscellaneous Provisions › Section 4.5-602 - "Building Code" Defined; Notice of Building Code Violations

(a)    In this section, “building code” includes a code provision concerning mechanical, electrical, fire, plumbing, energy, heating, ventilation, or air-conditioning matters.
(b)    A county or municipal corporation shall notify the Director of each registrant who fails to correct a violation of the applicable local or State building code within a reasonable time after the registrant receives notice of the violation.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 6 - Miscellaneous Provisions › Section 4.5-603 - Information Required for Initial New Home Sale

(a)    (1)    This subsection applies only to a development that contains 11 or more new homes to be built by the same registrant.
(2)    Prior to the execution of any contract for the initial sale of a new home, a registrant shall provide the purchaser with written information about any energy–efficient options, including a statement that tax credits may be available related to the energy–efficient options, that are available for installation in the home before construction of the home is completed.
(b)    A registrant shall include in any contract for the initial sale of a new home the information required under § 14–117(a)(3), (i), and (m) of the Real Property Article, if applicable.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 6 - Miscellaneous Provisions › Section 4.5-604 - Industrialized Building

A home builder who installs an industrialized building intended for residential use or a mobile home is responsible to the owner for correcting any defects in any component incorporated into the new home except for those industrialized buildings or mobile homes that are the responsibility of the manufacturer of the industrialized building and mobile home pursuant to Title 12, Subtitle 3 of the Public Safety Article.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 7 - Home Builder Guaranty Fund › Section 4.5-701 - "Actual Loss" Defined

In this subtitle, “actual loss” means:
(1)    the costs of restoration, repair, replacement, or completion that arise from:
(i)    the incomplete construction of a new home or the breach of an express or implied warranty, as defined in §§ 10–202 and 10–203 of the Real Property Article; or
(ii)    the failure to meet standards or guidelines required in § 14–117 of the Real Property Article; or
(2)    deposits or other payments made to a home builder required to be held in an escrow account or protected by a surety bond or irrevocable letter of credit under § 10–301 or § 10–504 of the Real Property Article, that are not returned to a consumer who is entitled to a return of the deposit or other payments.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 7 - Home Builder Guaranty Fund › Section 4.5-702 - Authority to Take Disciplinary Action Not Limited

This subtitle does not:
(1)    limit the authority of the Division to take disciplinary action against a registrant under this subtitle;
(2)    limit the availability of other remedies to a claimant; or
(3)    require a claimant to exhaust administrative remedies before the Division before bringing an action to court.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 7 - Home Builder Guaranty Fund › Section 4.5-703 - Home Builder Guaranty Fund Established

(a)    The Division shall:
(1)    establish a Home Builder Guaranty Fund; and
(2)    maintain the Guaranty Fund at a level of at least $1,000,000.
(b)    (1)    The Division shall deposit all money collected under § 4.5–704 of this subtitle in the Guaranty Fund.
(2)    (i)    The State Treasurer is the custodian of the Guaranty Fund.
(ii)    The Guaranty Fund shall be invested and reinvested in the same manner as other State funds.
(iii)    The State Treasurer shall deposit payments received from the Division under this section into the Guaranty Fund.
(iv)    Investment earnings shall be credited to the Guaranty Fund.
(c)    The Division shall administer the Guaranty Fund in accordance with this subtitle.
(d)    The direct and indirect costs incurred for the administration of and enforcement related to the Guaranty Fund shall be paid from the Registration Fund established under § 4.5–203 of this title.
(e)    The accounts and transactions of the Guaranty Fund shall be subject to audit by the Legislative Auditor in accordance with  §§ 2–1220 through 2–1227 of the State Government Article.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 7 - Home Builder Guaranty Fund › Section 4.5-704 - Guaranty Fund Fee

(a)    (1)    Subject to the provisions of subsection (c) of this section, a home builder shall pay to a county or a municipal corporation a Guaranty Fund fee per home or residential unit as set by the Division under subsection (c) of this section with each application for a permit for construction of a new home or multiple–unit development.
(2)    The home builder may collect the Guaranty Fund fee from the consumer.
(3)    (i)    Subject to the provisions of subparagraph (ii) of this paragraph, each month, a county or municipal corporation shall remit all the Guaranty Fund fees to the Division to be deposited in the Guaranty Fund.
(ii)    A county or municipal corporation may retain up to 2% of the Guaranty Fund fee revenue that it collects under this subtitle to cover reasonable administrative costs for collection and processing of the Guaranty Fund fee.
(4)    The Guaranty Fund fee may be deposited only in the Guaranty Fund.
(b)    If a registrant fails to pay the Guaranty Fund fee, the registrant’s home builder registration is suspended until the fee is paid.
(c)    The Division shall set the amount of the Guaranty Fund fee required under subsection (a) of this section so as to not exceed $50 per residential unit and to maintain the Guaranty Fund level required under § 4.5–703(a) of this subtitle.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 7 - Home Builder Guaranty Fund › Section 4.5-706 - Proceedings for Recovery

(a)    To begin a proceeding to recover from the Guaranty Fund, a claimant shall submit to the Division’s mediation unit a written complaint that states:
(1)    the amount claimed based on the actual loss;
(2)    the facts giving rise to the claim;
(3)    whether there is other evidence that supports the claim, including expert reports, photographs, or videotapes and that the evidence is included with the complaint;
(4)    what documents are related to the claim and that copies of the documents are attached, including the contract of sale; and
(5)    any other information that the Division requires.
(b)    The Division’s mediation unit shall:
(1)    send a copy of the complaint to the registrant alleged to be responsible for the actual loss;
(2)    require a written response to the complaint within 30 days that includes:
(i)    any evidence the registrant has concerning the claim, including expert reports, photographs, or videotapes; and
(ii)    any other information that the Division requires;
(3)    attempt to resolve the complaint through mediation, taking into consideration applicable laws, including express and implied warranties and the provisions of § 4.5–401 of this title; and
(4)    refer the complaint to the Division as a claim against the Guaranty Fund if:
(i)    1.    the home builder fails to respond as required by this section;
2.    the mediation unit concludes that the complaint cannot be resolved through mediation; or
3.    in mediation, the parties do not mutually agree to an arbitrator; and
(ii)    the claimant executes a claim form prepared by the Division stating under oath that the claimant wishes to seek recovery from the Guaranty Fund.
(c)    (1)    If a claimant’s new home contract includes a written agreement with a registrant to submit a dispute to arbitration and the agreement authorizes:
(i)    the registrant to select the arbitrator or the arbitration service, the claimant may elect whether to first seek recovery from the Guaranty Fund or submit the dispute to arbitration; or
(ii)    if the claimant’s new home contract provides for mutual selection of the arbitration service and the claimant and registrant have mutually agreed on an arbitration service, the claimant must submit the dispute to arbitration prior to seeking recovery from the Guaranty Fund.
(2)    If the claimant and the registrant submit the dispute to arbitration under the written agreement in the contract and the arbitrator makes a final judgment or final award in favor of the claimant:
(i)    the claimant may make a claim against the Guaranty Fund; but
(ii)    if the registrant pays the award amount to the claimant within 90 days of the final award, the Division shall dismiss the claim against the Guaranty Fund.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 7 - Home Builder Guaranty Fund › Section 4.5-707 - Notice, Hearings, and Review

(a)    The procedures for notice, hearings, and judicial review that apply to proceedings under Title 3, Subtitle 2 of the Courts and Judicial Proceedings Article also apply to proceedings to recover from the Guaranty Fund.
(b)    On receipt of a claim, the Division shall:
(1)    send a copy of the claim to the registrant alleged to be responsible for the actual loss; and
(2)    require a written response to the claim within 30 days.
(c)    (1)    The Division:
(i)    shall review the claim and any response to it; and
(ii)    may refer the claim for investigation.
(2)    On the basis of its review and any investigation, the Division may:
(i)    set the matter for a hearing with the Office of Administrative Hearings;
(ii)    dismiss the claim, if the claim is frivolous, legally insufficient, or made in bad faith; or
(iii)    if the total claim against a particular registrant does not exceed $7,500, issue a proposed order to pay all or part of the claim or deny the claim.
(d)    (1)    The Division shall send a proposed order issued under subsection (c)(2)(iii) of this section to the claimant and the registrant, at the most recent address on record with the Division, by:
(i)    personal delivery; or
(ii)    both regular mail and certified mail, return receipt requested.
(2)    Within 21 days after service, receipt, or attempted delivery of the proposed order, the claimant or registrant may submit to the Division:
(i)    a written request for a hearing before the Division; or
(ii)    a written exception to the proposed order.
(3)    If the claimant or registrant submits a timely exception to the proposed order, the Division may:
(i)    issue a revised proposed order;
(ii)    set a hearing on the claim; or
(iii)    dismiss the claim.
(4)    Unless the claimant or registrant submits a timely request for a hearing or timely exception, the proposed order is final.
(e)    At a hearing on a claim, the claimant has the burden of proof.
(f)    A claimant and registrant may participate in a Guaranty Fund proceeding without representation by counsel.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 7 - Home Builder Guaranty Fund › Section 4.5-708 - Joinder of Proceedings

(a)    (1)    The Division may join a proceeding on a claim against the Guaranty Fund with a disciplinary proceeding against a registrant under this subtitle if the disciplinary hearing is based on the same facts alleged in the claim.
(2)    In a consolidated proceeding the claimant is a party, and may participate in the hearing to the extent necessary to establish the claim.
(b)    (1)    Notwithstanding § 4.5–702(2) of this subtitle, a claimant may not concurrently submit a claim to recover from the Guaranty Fund and bring an action in a court of competent jurisdiction against a registrant based on the same facts alleged in the claim.
(2)    If, after filing a claim, the claimant brings an action in a court of competent jurisdiction based on the same facts alleged in the pending claim, the Division shall stay its proceedings on the claim until there is a final judgment and all rights to appeal are exhausted.
(3)    To the extent that a final judgment or final award in arbitration is based on the same factual and legal issues alleged in a pending claim, the Division shall:
(i)    approve the claim against the Guaranty Fund, if the judgment or award is decided in favor of the claimant and the registrant has failed to pay the judgment or award; or
(ii)    dismiss the claim against the Guaranty Fund, if the judgment or award is decided in favor of the registrant.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 7 - Home Builder Guaranty Fund › Section 4.5-709 - Appeals

A party to a proceeding before the Division who is aggrieved by a final decision of the Division in a contested case, as defined in § 10–202 of the State Government Article, may take an appeal as allowed in §§ 10–222 and 10–223 of the State Government Article.