reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5 - Certification of Real Estate Appraisers › Section 16-503 - Qualifications of Applicants for Residential or General Real Estate Appraisal Certificate

(a)    To qualify for a certificate for residential or general real estate appraisal, an applicant shall be an individual who meets the requirements of this section.
(b)    (1)    An applicant shall:
(i)    be of good character and reputation;
(ii)    be at least 18 years old; and
(iii)    satisfy the minimum real estate appraiser qualifications for residential certification or general certification, as appropriate, established under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
(2)    An applicant shall have completed at least 1,500 hours providing real estate appraiser services as a real estate appraiser trainee under the supervision of a certified appraiser.
(3)    Classroom hours of study required under this section may be conducted by:
(i)    an accredited university, college, or community or junior college;
(ii)    an approved appraisal society, institute, or association; or
(iii)    another school that the Commission approves.
(4)    The Commission shall approve all courses of study required under this section.
(c)    An applicant shall pass the examination for a certificate for residential or general real estate appraisal given by the Commission or the Commission’s designee under this subtitle.
(d)    (1)    If an applicant is not a resident of the State, the applicant shall submit to the Commission an irrevocable consent, as provided under this subsection.
(2)    The consent required under this subsection shall specify that service of process on the Secretary of State shall bind the applicant in any action about the provision of certified real estate appraisal services against the applicant in any county of the State.
(e)    An applicant shall meet any other requirement that the Commission adopts by regulation.
(f)    The Commission shall adopt additional requirements under this section if necessary to comply with the minimum real estate appraiser qualifications established under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5 - Certification of Real Estate Appraisers › Section 16-504 - Certification for Residential or General Real Estate Appraisal

An applicant shall specify whether the applicant is a holder of a certificate for residential or general real estate appraisal.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5 - Certification of Real Estate Appraisers › Section 16-505 - Applications for Licenses

(a)    An applicant for a certificate shall:
(1)    submit to the Commission an application on the form that the Commission provides;
(2)    pay to the Commission an application fee set by the Commission;
(3)    apply to the Central Repository for a national and State criminal history records check on a form approved by the Director of the Central Repository;
(4)    submit to the Central Repository a complete set of legible fingerprints taken at any designated State or local law enforcement office in the State or other agency or location approved by the Secretary of Public Safety and Correctional Services;
(5)    pay the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check; and
(6)    pay the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to the State criminal history records.
(b)    The Central Repository shall provide to the Commission:
(1)    the national and State criminal history records of each applicant requiring a criminal history records check under subsection (a) of this section and a printed statement listing any convictions and pleas of guilty or nolo contendere to any criminal charge; and
(2)    an acknowledged receipt of the application for a criminal history records check by an applicant requiring a criminal history records check.
(c)    Information obtained by the Commission from the Central Repository under this section shall be confidential and may be disseminated only to the individual who is the subject of the criminal history records check.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5 - Certification of Real Estate Appraisers › Section 16-506 - Examinations

(a)    Except as otherwise provided in § 16-506.1 of this subtitle, an applicant who otherwise qualifies for a certificate is entitled to be examined as provided in this section.
(b)    The Commission periodically shall give examinations to qualified applicants at the times and places that the Commission determines.
(c)    The Commission shall give each qualified applicant notice of the time and place of examination.
(d)    To take an examination, an applicant shall pay an examination fee to the Commission or the Commission’s designee in an amount not to exceed the cost of the examination as established by the Commission.
(e)    (1)    Except as otherwise provided in this subsection, the Commission shall determine the scope and the passing score for examinations given under this subtitle.
(2)    The form of an examination shall be written.
(3)    An examination shall test knowledge of:
(i)    technical terms commonly used in real estate appraising and economic concepts applicable to real estate;
(ii)    real estate appraisal theory and practice and real estate appraisal process;
(iii)    standards for the development and communication of real estate appraisals;
(iv)    standards of conduct that the Commission adopts under § 16-208 of this title;
(v)    theories of depreciation, cost estimating, methods of capitalization, the mathematics of real estate appraisal, and other principles that are appropriate for the certificate for which the applicant applies;
(vi)    basic real estate law; and
(vii)    misconduct for which disciplinary proceedings may be started against a certified real estate appraiser for residential real estate or a certified real estate appraiser for general real estate.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5 - Certification of Real Estate Appraisers › Section 16-506.1 - Use of Testing Service to Administer Examinations

(a)    The Commission may use a testing service to administer the examinations given under this subtitle.
(b)    If the Commission uses a testing service, the testing service, subject to the requirements set by the Commission, may:
(1)    set the time and place of examinations;
(2)    give qualified applicants notice of the time and place of examinations; and
(3)    furnish any other information that the Commission may require the testing service to provide.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5 - Certification of Real Estate Appraisers › Section 16-507 - Waiver of Examination Requirements

(a)    Subject to the provisions of this section, the Commission may waive the examination requirements of this subtitle for an individual who is certified to provide certified real estate appraisal services in another state.
(b)    The Commission may grant a waiver under this section only if the applicant:
(1)    pays to the Commission the application fee set by the Commission under § 16–505 of this subtitle; and
(2)    provides adequate evidence that the applicant:
(i)    is certified by a state that is in compliance with Title XI of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as determined by the Appraisal Subcommittee of the federal Financial Institutions Examinations Council;
(ii)    holds a valid certificate issued by that state; and
(iii)    was certified in the other state after meeting, in that state, requirements that are substantially equivalent to or exceed the certification requirements of this State.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5 - Certification of Real Estate Appraisers › Section 16-508 - Granting of Certificate; Issuance, Form, and Contents of Certification Documents and Pocket Cards

(a)    On receipt of a complete national and State criminal record report from the Central Repository, the Commission shall grant the appropriate certificate to each applicant who meets the requirements of this subtitle.
(b)    The Commission shall issue an appropriate certification document and pocket card to each applicant who has been granted certification under this section.
(c)    (1)    Subject to paragraph (2) of this subsection, the Commission shall determine the size, form, and content of any certification document or pocket card that the Commission issues.
(2)    On each certification document or pocket card that the Commission issues, the Commission shall include:
(i)    an expiration date; and
(ii)    a certification number.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5 - Certification of Real Estate Appraisers › Section 16-509 - Classifications of Certified Real Estate Appraisers

The certified residential and certified general real estate appraiser classifications shall consist of those classifications as established under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5 - Certification of Real Estate Appraisers › Section 16-510 - Term and Renewal of Certificates

(a)    Unless a certificate is renewed for a 3-year term as provided in this section, the certificate expires on a staggered basis as determined by the Secretary.
(b)    The Commission need not give notice to the holder of the expiration date of the certificate.
(c)    Not earlier than 120 days and not later than 30 days before a certificate expires, the certificate holder may renew it for an additional 3–year term, if the certificate holder:
(1)    otherwise is entitled to hold a certificate;
(2)    pays to the Commission a renewal fee set by the Commission; and
(3)    submits to the Commission:
(i)    a renewal application on the form that the Commission provides; and
(ii)    adequate evidence of compliance with the continuing education requirements set under this subtitle for certificate renewal.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5 - Certification of Real Estate Appraisers › Section 16-511 - Renewal of Certificate -- Continuing Education Requirements

(a)    To qualify for renewal of a certificate under this subtitle, a holder of a certificate shall provide to the Commission adequate evidence that the holder meets the continuing education requirements established for certification under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
(b)    A holder of a certificate may partly satisfy the requirement of subsection (a) of this section if the holder provides to the Commission adequate evidence that the holder:
(1)    has completed an educational program that the Commission determines to be equal to that which the Commission approves; or
(2)    in an educational program that the Commission approves and that is about real property appraisal theory and practice:
(i)    has participated as a teacher, preparer of instructional materials, or in another similar capacity; but
(ii)    has not participated as a student.
(c)    The continuing education courses shall be conducted by:
(1)    an accredited university, college, or community or junior college;
(2)    an approved appraisal society, institute, or association; or
(3)    another school that the Commission approves.
(d)    If feasible, continuing education courses shall be offered at reasonable intervals in each county and in each major geographic area of the larger counties.
(e)    On completion of a continuing education course by a certificate holder, the entity that conducted the course or the instructor shall issue to the certificate holder a document of completion that states the number of classroom hours of that course.
(f)    The Commission may waive the requirements of this section for a certificate holder if the certificate holder shows good cause for being unable to meet the requirements.
(g)    (1)    A real estate appraiser has a grace period of 6 months after the certificate of the real estate appraiser expires in which to renew it retroactively, if:
(i)    the real estate appraiser is otherwise entitled to have it renewed;
(ii)    the Commission determines that the real estate appraiser has failed to meet the requirements for renewal through mistake, misunderstanding, or circumstances beyond the control of the real estate appraiser; and
(iii)    pays the renewal fee to the Commission.
(2)    If a real estate appraiser renews a certificate within the 6-month grace period, the term of the renewal shall start the day after the certificate held originally by the real estate appraiser expired.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5 - Certification of Real Estate Appraisers › Section 16-512 - Reinstatement of Expired Certificate

(a)    The Commission shall reinstate the certificate of a real estate appraiser who has failed to renew the certificate during the regular term of the certificate or the grace period, if the real estate appraiser:
(1)    applies to the Commission for reinstatement within 3 years after the certificate expires;
(2)    meets the requirements of § 16–511 of this subtitle; and
(3)    in addition to the renewal fee required under § 16–511 of this subtitle, pays to the Commission a reinstatement fee set by the Commission.
(b)    (1)    If an individual fails to renew a certificate for any reason and applies to the Commission for reinstatement more than 3 years after the certificate has expired, the Commission may:
(i)    require the individual to reapply for a certificate under § 16–505 of this subtitle; or
(ii)    subject to paragraph (2) of this subsection, reinstate the certificate.
(2)    The Commission may reinstate a certificate under paragraph (1)(ii) of this subsection only if the individual:
(i)    meets the renewal requirements of § 16–511 of this subtitle;
(ii)    if required by the Commission, states the reasons why reinstatement should be granted; and
(iii)    in addition to the renewal fee required under § 16–511 of this subtitle, pays to the Commission a reinstatement fee set by the Commission.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5 - Certification of Real Estate Appraisers › Section 16-513 - Certificate Number

(a)    A certified real estate appraiser shall place the certificate number assigned by the Commission to the appraiser on each document that refers to the certified status of the appraiser.
(b)    On a certified real estate appraiser report, the certificate number shall appear adjacent to the title “certified residential real estate appraiser” or “certified general real estate appraiser”.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5A - Real Estate Appraiser Trainees › Section 16-5A-01 - Trainee Licensing -- Qualifications; Application

(a)    To qualify for a real estate appraiser trainee license, an applicant shall meet the requirements set by the Commission.
(b)    An applicant for a real estate appraiser trainee license shall:
(1)    submit an application to the Commission on the form that the Commission requires;
(2)    be of good character and reputation;
(3)    be at least 18 years old;
(4)    provide evidence, as required by the Commission, that the applicant has successfully completed 75 tested hours of Commission–approved real estate appraisal courses of which 15 hours shall be classroom hours in the subject of the uniform standards of professional appraisal practice; and
(5)    pay to the Commission an application fee set by the Commission.
(c)    (1)    If an applicant is not a resident of the State, the applicant shall submit to the Commission an irrevocable consent as provided under this subsection.
(2)    The consent required under this subsection shall specify that service of process on the Secretary shall bind the applicant in any action about the provision of real estate appraisal services brought against the applicant in any county of the State.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5A - Real Estate Appraiser Trainees › Section 16-5A-02 - Trainee Licensing -- Scope

While a real estate appraiser trainee license is in effect, it authorizes the licensee, while under the direction and supervision of a supervising appraiser, to provide real estate appraisal services as provided under § 16-307 of this title.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5A - Real Estate Appraiser Trainees › Section 16-5A-03 - Duties of Supervising Appraiser and Appraiser Trainee

(a)    A supervising appraiser shall:
(1)    review, sign, and certify that the real estate trainee’s appraisal report complies with the uniform standards of professional appraisal practice;
(2)    physically inspect each appraised property with the real estate appraiser trainee until the supervising appraiser determines that the real estate appraiser trainee is competent in accordance with paragraph (3) of this subsection;
(3)    determine that the real estate appraiser trainee meets the competency requirements of the uniform standards of professional appraisal practice;
(4)    at least once a month, sign and affix the supervising appraiser’s license or certification number to the real estate appraiser trainee’s experience log;
(5)    ensure that the tasks assigned a real estate appraiser trainee will, over time, provide the full range of experience required by the Commission;
(6)    provide the real estate appraiser trainee with a copy of all appraisal reports prepared by the real estate appraiser trainee that the Commission requests for review; and
(7)    keep copies of appraisal reports prepared by the real estate appraiser trainee for the later of:
(i)    5 years; or
(ii)    5 years after final disposition of any judicial proceeding in which testimony was given.
(b)    A real estate appraiser trainee shall:
(1)    keep separate experience logs for each supervising appraiser;
(2)    sign appraisal reports that the real estate appraiser trainee prepares; and
(3)    upon request, provide experience logs to the Commission.
(c)    A real estate appraiser trainee may have more than one supervising appraiser.
(d)    A real estate appraiser trainee may obtain copies of appraisal reports which were prepared by that trainee from the supervising appraiser.
(e)    An appraiser trainee is subject to the uniform standards of professional appraisal practice.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5A - Real Estate Appraiser Trainees › Section 16-5A-04 - License Renewal

(a)    Unless a real estate appraiser trainee license is renewed under this section, the license expires 3 years after the effective date of the license.
(b)    (1)    Before a real estate appraiser trainee license expires, the licensee periodically may renew the license for an additional 3–year term if the licensee:
(i)    is otherwise entitled to be licensed; and
(ii)    submits to the Commission:
1.    a renewal application on the form that the Commission requires; and
2.    adequate evidence that the licensee meets the minimum continuing education requirements established under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
(2)    At least 1 month before a real estate appraiser trainee license expires, the Commission shall mail or electronically transmit to the licensee:
(i)    a renewal application form; and
(ii)    a notice that states:
1.    the date on which the current license expires; and
2.    the amount of the renewal fee.
(3)    If an electronic transmission under paragraph (2) of this subsection is returned to the Commission as undeliverable, the Commission shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (2) of this subsection within 10 business days of the date the Commission received the notice that the electronic transmission was undeliverable.
(4)    The failure of a licensee to receive the notice under this subsection does not prevent the license from expiring as specified under subsection (a) of this section.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5A - Real Estate Appraiser Trainees › Section 16-5A-05 - Reinstatement of License -- Prerequisites

The Commission shall reinstate the license of a real estate appraiser trainee who fails to renew the license if the real estate appraiser trainee:
(1)    applies to the Commission for reinstatement within 3 years after the license expires;
(2)    provides adequate evidence of compliance with the continuing education requirements under § 16–5A–04 of this subtitle for license renewal;
(3)    if required by the Commission, states the reasons why reinstatement should be granted; and
(4)    pays to the Commission a reinstatement fee set by the Commission.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5B - Real Estate Appraisal Management Companies › Section 16-5B-02 - Scope of Subtitle

This subtitle does not apply to:
(1)    a person that exclusively employs appraisers on an employer–employee basis for the performance of appraisals; or
(2)    an entity that is a subsidiary owned and controlled by a financial institution and regulated by a federal financial institution regulatory agency.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5B - Real Estate Appraisal Management Companies › Section 16-5B-04 - Application and Registration

(a)    An applicant for registration as an appraisal management company shall submit to the Commission an application on a form required by the Commission.
(b)    A registration issued under this subtitle is valid for 1 year.
(c)    A person applying for registration as an appraisal management company shall complete an irrevocable Uniform Consent to Service of Process, as required by the Commission.
(d)    The Commission may set by regulation reasonable fees for registering appraisal management companies under this subtitle.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5B - Real Estate Appraisal Management Companies › Section 16-5B-05 - Ownership Requirements

(a)    A person applying for registration as an appraisal management company may not be owned in whole or in part, directly or indirectly, by:
(1)    a person who has had a license or certificate to act as an appraiser refused, denied, canceled, revoked, or surrendered in any state; or
(2)    another entity that is owned by a person who has had a license or certificate to act as an appraiser refused, denied, canceled, revoked, or surrendered in any state.
(b)    The owner of an appraisal management company shall:
(1)    be of good character and reputation, as determined by the Commission; and
(2)    submit to a background investigation, as determined by the Commission.
(c)    A person applying for registration as an appraisal management company shall certify to the Commission that it has reviewed each entity that owns the person and that no other entity that owns the person is directly owned by a person that has had a license or certificate to act as an appraiser refused, denied, canceled, revoked, or surrendered in any state.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5B - Real Estate Appraisal Management Companies › Section 16-5B-06 - Person Designated as Controlling Person

(a)    A person applying for registration as an appraisal management company shall designate an individual to serve as a controlling person that will be the main contact for all communication between the Commission and the appraisal management company.
(b)    The controlling person designated under subsection (a) of this section shall:
(1)    have never had a license or certificate to act as an appraiser refused, denied, canceled, revoked, or surrendered in any state, unless the license or certificate was subsequently granted or reinstated;
(2)    be of good character and reputation, as determined by the Commission; and
(3)    submit to a background investigation, as determined by the Commission.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5B - Real Estate Appraisal Management Companies › Section 16-5B-07 - Prohibited Relationships

An appraisal management company may not:
(1)    knowingly employ a person in a position in which the person has the responsibility to order appraisals or to review completed appraisals who has had a license or certificate to act as an appraiser refused, denied, canceled, revoked, or surrendered in any state, unless the license or certificate was subsequently granted or reinstated;
(2)    knowingly enter into an independent contractor arrangement for real estate appraisal services with a person who has had a license or certificate to act as an appraiser refused, denied, canceled, revoked, or surrendered in any state, unless the license or certificate was subsequently granted or reinstated; or
(3)    knowingly enter into a contract, an agreement, or any other business relationship, for the purpose of obtaining real estate appraisal services, with an entity that employs, has entered into an independent contract arrangement with, or has entered into a contract, an agreement, or any other business relationship with a person who has ever had a license or certificate to act as an appraiser refused, denied, canceled, revoked, or surrendered in any state, unless the license or certificate was subsequently granted or reinstated.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5B - Real Estate Appraisal Management Companies › Section 16-5B-08 - Competency Requirements

(a)    An appraisal management company shall require that an appraiser confirm in writing or via electronic means that an appraiser receiving the assignment is a competent appraiser for the performance of the appraisal being assigned.
(b)    An appraisal management company that has complied with subsection (a) of this section in relation to an assignment may not be held liable for a violation of this subtitle in relation to that assignment if the Commission subsequently determines that the appraiser completing the assignment violated the competency rule of the Uniform Standards of Professional Appraisal Practice.
(c)    An employee of or independent contractor to the appraisal management company that performs an appraisal review on a property located in the State shall be an appraiser licensed or certified in the State.
(d)    An appraisal management company may not enter into any agreements with an appraiser for the performance of appraisals in conjunction with federally related transactions unless it verifies that the appraiser is licensed or certified to perform the appraisal under this subtitle.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5B - Real Estate Appraisal Management Companies › Section 16-5B-09 - Records

(a)    A person applying for registration as an appraisal management company shall certify to the Commission on an annual basis that it will maintain a detailed record of:
(1)    each service request that it receives; and
(2)    each appraiser that performs the appraisal for the appraisal management company.
(b)    An appraisal management company shall retain the records required under subsection (a) of this section for 5 years after an appraisal is completed, or 2 years after final disposition of a judicial proceeding related to the assignment, whichever period expires later.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5B - Real Estate Appraisal Management Companies › Section 16-5B-10 - Prohibited Acts

(a)    An appraisal management company may not:
(1)    knowingly fail to separate and disclose any fees charged to a client by the appraisal management company for the completion of an appraisal by an appraiser from the fees charged to a lender, client, or any other person by an appraisal management company for providing appraisal management services; or
(2)    knowingly prohibit an appraiser from recording the fee that the appraiser was paid by the appraisal management company for the provision of real estate services within the appraisal report that is submitted by the appraiser to the appraisal management company.
(b)    The Commission may not bring disciplinary action under § 16–702.2 of this title or recommend criminal sanctions under § 16–706 of this title based solely on subsection (a) of this section.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5B - Real Estate Appraisal Management Companies › Section 16-5B-12 - Duty to Report Compliance Failures and Violations

An appraisal management company shall inform the Commission when the appraisal management company has a reasonable basis to believe that:
(1)    an appraiser has:
(i)    failed to comply with the Uniform Standards of Professional Appraisal Practice;
(ii)    violated applicable laws; or
(iii)    engaged in unethical or unprofessional conduct; and
(2)    the appraiser’s conduct under item (1) of this section is likely to affect the value assigned to the consumer’s principal dwelling.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5B - Real Estate Appraisal Management Companies › Section 16-5B-13 - Standards of Unprofessional Conduct

An appraisal management company commits unprofessional conduct if the appraisal management company:
(1)    requires an appraiser to modify an aspect of an appraisal report and the modification requested is not related to substandard performance or noncompliance with the terms of engagement;
(2)    requires an appraiser to prepare an appraisal report if the appraiser has notified the appraisal management company that, in the appraiser’s own professional judgment, the appraiser believes the appraiser does not have the necessary expertise for the specific geographic area;
(3)    requires an appraiser to prepare an appraisal report under a time frame that the appraiser has notified the appraisal management company that, in the appraiser’s own professional judgment, the appraiser believes does not afford the appraiser the ability to meet all the relevant legal and professional obligations;
(4)    prohibits or inhibits communication between an appraiser and a lender, a real estate licensee, or any other person from whom the appraiser, in the appraiser’s own professional judgment, believes information would be relevant;
(5)    requires the appraiser to do anything that does not comply with:
(i)    the Uniform Standards of Professional Appraisal Practice; or
(ii)    any assignment conditions and certifications required by the client; or
(6)    makes any portion of the appraiser’s fee or the appraisal management company’s fee contingent on a favorable outcome, including:
(i)    a loan closing; or
(ii)    a specific dollar amount being achieved by the appraiser in the appraisal report.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5B - Real Estate Appraisal Management Companies › Section 16-5B-14 - Schedule of Payments to Appraisers on Completion of Work

(a)    Except in cases of breach of contract or substandard performance of services, an appraisal management company shall pay an appraiser for the completion of each appraisal or valuation assignment within 45 days after the appraiser provides the initial completed appraisal or valuation study to the appraisal management company or its assignee.
(b)    (1)    The Commission may bring a disciplinary action under § 16–701.2 of this title based on a violation of subsection (a) of this section.
(2)    The Commission may not recommend criminal sanctions under § 16–706 of this title based solely on subsection (a) of this section.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5B - Real Estate Appraisal Management Companies › Section 16-5B-15 - Alterations of Completed Reports; Digital Signature or Seal

(a)    An appraisal management company may not change a completed appraisal report submitted by an appraiser by:
(1)    permanently removing the appraiser’s signature or seal; or
(2)    adding information to, or removing information from, the appraisal report with an intent to change the valuation conclusion.
(b)    (1)    An appraisal management company may not require an appraiser to provide the appraisal management company with the appraiser’s digital signature or seal.
(2)    Subject to the restrictions in the Uniform Standards of Professional Appraisal Practice, an appraiser may voluntarily provide the appraiser’s digital signature to another person.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5B - Real Estate Appraisal Management Companies › Section 16-5B-16 - Issuance and Use of Registration Number; Annual List of Companies

(a)    The Commission shall issue a unique registration number to each appraisal management company that is registered in this State.
(b)    The Commission shall publish annually a list of appraisal management companies.
(c)    An appraisal management company shall disclose the company’s registration number on any instrument utilized by the appraisal management company to procure appraisal services in this State.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5B - Real Estate Appraisal Management Companies › Section 16-5B-17 - Disciplinary Procedures

(a)    An appraisal management company may not remove an appraiser from its appraiser panel, or otherwise refuse to assign requests for real estate appraisal services to an appraiser, without:
(1)    notifying the appraiser in writing of the reasons why the appraiser is being removed from the appraiser panel of the appraisal management company;
(2)    identifying the illegal conduct, violation of the Uniform Standards of Professional Appraisal Practice, violation of State licensing standards, or substandard performance or violations of contractual terms between the appraiser and the appraisal management company that the appraisal management company has a reasonable basis to believe that the appraiser has engaged in; and
(3)    providing an opportunity for the appraiser to respond.
(b)    (1)    An appraiser that is removed from the appraiser panel of an appraisal management company for alleged illegal conduct, a violation of the Uniform Standards of Professional Appraisal Practice, or a violation of State licensing standards may file a complaint with the Commission for a review of the decision of the appraisal management company.
(2)    The Commission’s review under paragraph (1) of this subsection is limited to determining whether:
(i)    the appraisal management company has complied with subsection (a) of this section; and
(ii)    the appraiser has committed a violation of:
1.    State law; or
2.    the Uniform Standards of Professional Appraisal Practice.
(c)    (1)    If an appraiser files a complaint against an appraisal management company under subsection (b) of this section, the Commission shall schedule a hearing within a reasonable time, not exceeding 1 year, after the complaint is filed.
(2)    The time specified under paragraph (1) of this subsection may be extended for good cause by the Commission on written notice to the parties.
(d)    If after opportunity for hearing and review, the Commission determines that an appraisal management company acted improperly in removing an appraiser from the appraiser panel, or that an appraiser did not commit a violation of State law or a violation of the Uniform Standards of Professional Appraisal Practice, the Commission shall order that an appraiser be restored to the appraiser panel of the appraisal management company that was the subject of the complaint.
(e)    If the Commission finds that the appraisal management company acted improperly in removing the appraiser from the appraiser panel, an appraisal management company may not:
(1)    reduce the number of real estate appraisal assignments the company gives to an appraiser; or
(2)    penalize the appraiser in any other manner.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 5B - Real Estate Appraisal Management Companies › Section 16-5B-19 - Appraisal Management Company Annual Federal Registry Fee Fund

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “AMC fee” means the appraisal management company annual federal registry fee.
(3)    “Appraisal Subcommittee” means the Appraisal Subcommittee of the Federal Financial Institutions Examinations Council.
(4)    “Fund” means the Appraisal Management Company Annual Federal Registry Fee Fund.
(b)    (1)    There is an Appraisal Management Company Annual Federal Registry Fee Fund.
(2)    The purpose of the Fund is to hold the AMC fee collected from each registered appraisal management company in accordance with § 1109(a)(4) of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as amended by the Dodd–Frank Wall Street Reform and Consumer Protection Act of 2010, until transmittal to the Appraisal Subcommittee.
(3)    The Director of the Commission shall administer the Fund.
(4)    (i)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(ii)    The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(5)    The Fund consists only of the AMC fee collected from each registered appraisal management company by the Commission and deposited in the Fund each year.
(6)    The Fund may be used only for the holding of AMC fees until transmittal to the Appraisal Subcommittee by the Commission at the designated time each year.
(7)    (i)    The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(ii)    Any interest earnings of the Fund shall be credited to the General Fund of the State.
(c)    (1)    Each year, the Commission shall:
(i)    collect from each registered appraisal management company the AMC fee and deposit the AMC fee into the Fund; and
(ii)    transmit to the Appraisal Subcommittee the AMC fees held in the Fund.
(2)    The schedule of AMC fees is as established by the Appraisal Subcommittee.
(d)    Each year, the Commission shall send to the Appraisal Subcommittee:
(1)    a roster of the appraisal management companies registered with the Commission; and
(2)    a report on any fully adjudicated disciplinary actions taken against or any final decisions concerning an appraisal management company.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 6 - Procedures › Section 16-601 - Commencement of Proceedings

(a)    Subject to the provisions of this section, the Commission shall start proceedings under § 16–701, § 16–701.1, or § 16–701.2 of this title on a complaint made to the Commission by any person.
(b)    (1)    A complaint shall:
(i)    be in writing; and
(ii)    state specifically the facts on which the complaint is based.
(2)    If a complaint is made by any person other than the Commission, the complaint shall be made under oath by the person who submits the complaint.
(3)    A complaint may be accompanied by documentary or other evidence.
(c)    The Commission shall investigate each complaint submitted to the Commission if the complaint:
(1)    alleges facts that establish a prima facie case that is grounds for disciplinary action under § 16–701, § 16–701.1, or § 16–701.2 of this title; and
(2)    meets the requirements of this section.
(d)    (1)    On conclusion of the investigation, the Commission shall determine if there is a reasonable basis to believe that there are grounds for disciplinary action under § 16–701, § 16–701.1, or § 16–701.2 of this title against an applicant or licensee.
(2)    (i)    If the Commission finds a reasonable basis as provided under paragraph (1) of this subsection, the Commission shall act on the complaint as provided under § 16–602 of this subtitle.
(ii)    If the Commission does not find a reasonable basis as provided under paragraph (1) of this subsection, the Commission shall dismiss the complaint.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 6 - Procedures › Section 16-602 - Hearings

(a)    Except as otherwise provided in § 10–226 of the State Government Article, before the Commission takes any final action under § 16–701, § 16–701.1, or § 16–701.2 of this title, it shall give the individual against whom the action is contemplated an opportunity for a hearing before:
(1)    the Commission; or
(2)    the Hearing Board for proceedings under § 16–211 of this title.
(b)    The Commission shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(c)    The Commission may administer oaths in connection with any proceeding under this section.
(d)    The hearing notice to be given to the individual shall be sent by certified mail to the last known address of the individual at least 10 days before the hearing.
(e)    The individual may be represented at the hearing by counsel.
(f)    (1)    The Commission may issue subpoenas in connection with any proceeding under this section.
(2)    If a person fails to comply with a subpoena issued under this subsection, on petition of the Commission, a circuit court may compel compliance with the subpoena.
(g)    If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Commission may hear and determine the matter.
2023 Maryland Statutes › Business Occupations and Professions › Title 16 - Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors › Subtitle 7 - Prohibited Acts; Penalties › Section 16-701.1 - Grounds for Denials, Reprimands, Suspensions, Revocations, and Penalties -- Home Inspector

(a)    Subject to the hearing provisions of § 16–602 of this title, the Commission may deny a home inspector license to any applicant, reprimand any home inspector licensee, or suspend or revoke a home inspector license if the applicant or licensee:
(1)    fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;
(2)    fraudulently or deceptively uses a license;
(3)    engages in conduct that demonstrates bad faith, incompetency, negligence or untrustworthiness, or that constitutes dishonest, fraudulent, or improper dealings;
(4)    under the laws of the United States or of any state, is convicted of:
(i)    a felony; or
(ii)    a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to provide home inspection services;
(5)    fails to maintain the insurance required under § 16–4A–04 of this title;
(6)    violates any provision of this title;
(7)    violates any regulation adopted under this title; or
(8)    aids, abets, or assists any person in violating any provision of this title or any regulation adopted under this title.
(b)    (1)    Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this section, the Commission may impose a penalty not exceeding $5,000 for each violation.
(2)    To determine the amount of the penalty imposed, the Commission shall consider:
(i)    the seriousness of the violation;
(ii)    the harm caused by the violation;
(iii)    the good faith of the licensee; and
(iv)    any history of previous violations by the licensee.
(3)    The Commission shall pay any penalty collected under this subsection into the General Fund of the State.
(c)    The Commission shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or a misdemeanor described in subsection (a)(4) of this section:
(1)    the nature of the crime;
(2)    the relationship of the crime to the activities authorized by the license;
(3)    with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to provide home inspection services;
(4)    the length of time since the conviction; and
(5)    the behavior and activities of the applicant or licensee before and after the conviction.