reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 03 - COMMISSIONER OF FINANCIAL REGULATION › Chapter 09.03.14 - Money Transmitters › Section 09.03.14.18 - Prudential Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A. Financial
				Responsibility.
In considering the financial responsibility of a licensee,
				  the Commissioner may consider the amount of tangible net worth a licensee
				  maintains in excess of the statutory requirement under Financial Institutions
				  Article, §
										12-406,
				  Annotated Code of Maryland.
B. Surety Bonds.
A licensee may exceed the maximum required bond amount in
				  Financial Institutions Article, §
										12-412(d),
				  Annotated Code of Maryland.
C. Maintenance of Permissible Investments.
(1) A licensee shall maintain at all times
				permissible investments in accordance with Financial Institutions Article,
				§
										12-418(a),
				Annotated Code of Maryland.
(2)
				Except for permissible investments enumerated in §D(1) of this regulation,
				the Commissioner, with respect to any licensee, may by order limit the extent
				to which a specific investment maintained by a licensee within a class of
				permissible investments may be considered a permissible investment, if the
				specific investment represents undue risk to customers, not reflected in the
				market value of investments.
(3)
				Permissible investments, even if commingled with other assets of the licensee,
				are held in trust for the benefit of the purchasers and holders of the
				licensee's outstanding money transmission obligations. Permissible investments
				held in trust for the benefit of the purchasers and holders of the licensee's
				outstanding money transmission obligations are considered held in trust for the
				benefit of those purchasers and holders on a pro rata and equitable basis in
				accordance with statutes pursuant to which permissible investments are required
				to be held in Maryland, and other states, as applicable.
(4) Any trust established under §C(3) of
				this regulation shall be terminated upon extinguishment of all of the
				licensee's outstanding money transmission obligations.
(5) The Commissioner may allow other types of
				investments that the Commissioner determines are of sufficient liquidity and
				quality to be a permissible investment. The Commissioner may participate in
				efforts with other state regulators to determine that other types of
				investments are of sufficient liquidity and quality to be a permissible
				investment.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.01 - General Regulations › Section 09.08.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
The definitions contained in Business Regulation Article,
				  §
									8-101, Annotated
				  Code of Maryland, are incorporated into these regulations, by reference, as
				  Regulation .01.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.01 - General Regulations › Section 09.08.01.02 - Definition of Canvasser, Solicitor

Current through Register Vol. 51, No. 14, July 12, 2024
The definitions of canvasser, solicitor, or similar term will
				  be considered the same as the definition for a salesman; those persons using
				  these terms will be subject to licensing and the requirements of the Maryland
				  Home Improvement Law.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.01 - General Regulations › Section 09.08.01.03 - Licenses for Contractors and Salesmen

Current through Register Vol. 51, No. 14, July 12, 2024
All contractors and salesmen required to be licensed shall
				  have licenses on and after October 1, 1962.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.01 - General Regulations › Section 09.08.01.04 - Corporate or Partnership Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
A. A corporation or partnership may not act
				as a home improvement contractor unless it obtains a corporate or partnership
				home improvement contractor's license.
B. In order to obtain and maintain a
				corporate or partnership home improvement license, the corporation or
				partnership shall employ one individual licensed contractor who shall be in
				responsible charge of the corporation's or partnership's home improvement
				work.
C. The corporation or
				partnership and the individual in responsible charge of the corporation's or
				partnership's home improvement work shall be jointly and severally responsible
				for:
(1) Payment of any fees required by
				Business Regulation Article, §§
										8-302,
				8-303,
				8-308, and
				8-404, Annotated
				Code of Maryland;
(2) Filing of a
				bond or other evidence of financial responsibility required by Business
				Regulation Article, §
										8-303(c),
				Annotated Code of Maryland;
(3)
				Repayment to the Home Improvement Commission Guaranty Fund pursuant to Business
				Regulation Article, §
										8-410, Annotated
				Code of Maryland, for any payments made to claimants from the Fund on account
				of violations by the corporation or partnership or the individual in
				responsible charge.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.01 - General Regulations › Section 09.08.01.05 - Issue of Salesman's License under Legal Name

Current through Register Vol. 51, No. 14, July 12, 2024
A salesman's license will be issued only in the legal name of
				  the applicant for the license.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.01 - General Regulations › Section 09.08.01.06 - License Numbers on Vehicles

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Licensed contractors and subcontractors shall conspicuously display their home
				improvement license number preceded by the designation "MHIC #' on both sides
				of all vehicles primarily used either by the licensee or under the licensee's
				direction and control for the performance of home improvement work.
B. For purposes of this regulation,
				performance of home improvement work:
(1)
				Shall include, but not be limited to, transporting materials to and from the
				jobsite;
(2) May not include sales
				work.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.01 - General Regulations › Section 09.08.01.07 - Salesman's Representation of Contractors

Current through Register Vol. 51, No. 14, July 12, 2024
A. A salesman may not represent any
				contractor unless the salesman complies with the provisions of this
				regulation.
B. A salesman seeking
				to represent any contractor shall make application on forms provided by the
				Commission.
C. A salesman may not
				represent more than two contractors at any one time.
D. Before the Commission may authorize a
				salesman to represent two contractors at the same time, the salesman shall
				provide to the Commission the following:
(1)
				Written notice of appointment or employment signed by both the contractor duly
				licensed with the Commission and the salesman; and
(2) A copy of notification by certified mail,
				and evidence of its receipt, to each contractor represented by the salesman
				stating the names and addresses of each contractor represented by the
				salesman.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.01 - General Regulations › Section 09.08.01.08 - Duty of Prime Contractor on Home Improvement Contract

Current through Register Vol. 51, No. 14, July 12, 2024
In the performance of any Home Improvement Contract it shall
				  be the non-delegable duty and obligation of the prime contractor to secure, or
				  see to the securing of, every permit, license, or special exception necessary
				  to the proper completion of the contract according to applicable state or local
				  building laws.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.01 - General Regulations › Section 09.08.01.09 - Advertising

Current through Register Vol. 51, No. 14, July 12, 2024
A. General
				Requirements.
(1) A licensed home improvement
				contractor may not solicit home improvement business by way of advertisement in
				a newspaper, magazine, circular, or printed document, or by way of television
				or radio announcement, unless the name and license number of the contractor are
				stated in the advertisement.
(2) A
				licensee may not directly or indirectly publish any advertisement relating to
				home improvements, including finance or credit terms, that contains an
				assertion, representation, or statement of fact that is false, deceptive, or
				misleading.
(3) General statements,
				such as "Factory to You", "Direct to You", "Buy from the Manufacturer", "Save
				the Middleman's Profit", or phrases of similar meaning may not be used unless
				the advertiser is actually the maker or producer of the merchandise advertised
				or offered for sale.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.01 - General Regulations › Section 09.08.01.10 - Model Home Offers and Referral Offers

Current through Register Vol. 51, No. 14, July 12, 2024
A licensee may not promise to any owner that the owner's
				  building will be used as a "model home," "advertising job," or for other
				  similar purposes, when the licensee also will:
A. Pay a commission or other compensation to
				the owner for any sale made within any specified distance from the owner's
				building; or
B. Consequently reduce
				the cost for the owner of any home improvement work.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.01 - General Regulations › Section 09.08.01.11 - Notice of Change of Licensing Information

Current through Register Vol. 51, No. 14, July 12, 2024
Licensees shall notify the Commission, in writing, within 10
				  days, of any change of control in ownership or management, or a change of
				  address or trade name of the licensee. This notice shall be sent to the
				  Executive Director of the Commission by certified mail, return receipt
				  requested.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.01 - General Regulations › Section 09.08.01.12 - Duty of Prime Contractor to Pay Subcontractors and Workmen

Current through Register Vol. 51, No. 14, July 12, 2024
In the performance of any home improvement contract, it shall
				  be the nondelegable duty and obligation of the prime contractor to pay the
				  subcontractors and workmen and materialmen so as to avoid the subjection of the
				  property of the owner to mechanics' liens and materialmen's
				  liens.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.01 - General Regulations › Section 09.08.01.13 - Time Limitations for Filing Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
The Commission may summarily dismiss any complaint brought
				  against a licensee after 3 years from the date of the home improvement contract
				  for the work from which the complaint arises, unless the Commission finds that
				  the complainant's delay in bringing the complaint was justified and that the
				  delay does not result in an undue burden for the licensee.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.01 - General Regulations › Section 09.08.01.14 - Application for Licensure as Home Improvement Contractor

Current through Register Vol. 51, No. 14, July 12, 2024
An application for licensure as a home improvement
				  contractor, whether it is in the name of an individual, partnership,
				  proprietorship, or corporation, may not be accepted, if the name under which
				  the licensee will be trading is the same as the name being used by an existing
				  licensee, or is so similar to the name being used by an existing licensee that
				  it will cause confusion on the part of the public at large. This regulation
				  shall apply prospectively only to new applications received as of July 1,
				  1974.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.01 - General Regulations › Section 09.08.01.15 - Contracts Subject to Approval of Licensee

Current through Register Vol. 51, No. 14, July 12, 2024
A. Every home improvement contract which
				contains a stipulation or condition or which is represented to be that the
				contract is subject to the approval of the contractor before it becomes binding
				or any other language requiring prior approval before acceptance shall state
				that approval or disapproval of the contract shall be made within 10 working
				days from the date of the contract. The owner shall be duly informed, in
				writing, by the contractor of the decision approving or disapproving the
				contract within that time.
B. If
				the home improvement contract described in §A of this regulation is not
				approved, money or other collateral tendered as a deposit or down payment to a
				contractor, salesman, or any other person shall be returned to the owner within
				3 working days of the date of disapproval, and not later than 13 working days
				from the date of the contract.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.01 - General Regulations › Section 09.08.01.16 - Examination

Current through Register Vol. 51, No. 14, July 12, 2024
A. The examination
				shall be held as often as necessary at a test site determined by the
				Commission. This examination may be offered at various political subdivisions
				throughout the State. The examination shall include the law relating to the
				practice of home improvement contracting and the applicant's competence to
				perform home improvement work. The examination for competence may be oral or
				written.
B. Each applicant shall
				file with the Commission a written application on forms which will be furnished
				on request. The application must be filed not later than 1 week before the date
				on which the examination is held, and must be accompanied by the required fee,
				and a full face photograph, taken within the year preceding the initial
				application.
C. The passing mark
				shall be 70 in the subject matter. If the applicant has failed to pass the
				examination, he will not be eligible to reapply until 21 days have elapsed. A
				request for a second reconsideration received after the second failure will not
				be accepted until 60 days have elapsed.
D. If an applicant fails to sit for the
				examination as scheduled, the applicant shall, in order to be rescheduled for
				the examination, file a written application, on forms provided by the
				Commission, accompanied by the fee as determined in Business Regulation
				Article, §
									8-302(c),
				Annotated Code of Maryland. The Commission may, for good cause and upon written
				request of the applicant, waive the requirement for a subsequent fee.
E. The time limitation within which an
				applicant is required to pass is as stated in §C of this regulation. If an
				applicant has been denied registration of a license, because of failure to pass
				the examination, the applicant may submit to the Commission a request for
				reconsideration.
F. As soon as
				practicable after grading of the examination papers has been completed, every
				applicant will be notified in writing what his grades are. Within a period of
				30 days after the notice, the applicant may request the Executive Director of
				the Commission for permission to review his examination papers.
G. The fee for the written examination shall
				be authorized as determined in Business Regulation Article, §
									8-302(c),
				Annotated Code of Maryland.
H. An
				applicant for a new license shall pass the examination within the 2-year period
				immediately preceding receipt of the license application by the
				Commission.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.01 - General Regulations › Section 09.08.01.18 - License Renewals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applications
				Within 2 Years of License Expiration.
(1) An
				application for a license previously issued which is received within 2 years
				from the date of the previously issued license's expiration shall be presumed
				to be an application for a renewal of that license.
(2) Upon a showing of good cause by the
				applicant, an application described in §A(1) of this regulation may be
				considered an application for a new license.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.01 - General Regulations › Section 09.08.01.19 - Credit Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant
				for an original contractor's license shall submit to the Commission with the
				application a credit report from an approved credit reporting agency and a
				statement of all outstanding judgments against the applicant.
B. The Commission shall consider this credit
				report and statement in determining whether the applicant has demonstrated
				financial solvency as required by Business Regulation Article, §
									8-311(a)(9),
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.01 - General Regulations › Section 09.08.01.20 - Interest on Guaranty Fund Repayments

Current through Register Vol. 51, No. 14, July 12, 2024
A contractor required to repay the Guaranty Fund pursuant to
				  Business Regulation Article, §
									8-410(c),
				  Annotated Code of Maryland, shall repay the amount paid from the Fund on the
				  contractor's account plus interest at the rate of 10 percent per annum simple
				  interest.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.01 - General Regulations › Section 09.08.01.21 - Television Antenna Installation

Current through Register Vol. 51, No. 14, July 12, 2024
A. As
				used in this regulation, "television antenna" means a device used to receive
				television signals from terrestrial over-the-air-broadcasts or satellites for
				use in a building used or designed to be used as a residence or dwelling place
				of one, two, or three single family units.
B. The installation of a television antenna
				may not be subject to the Maryland Home Improvement Law if all of the following
				criteria are met:
(1) The party requesting
				the installation does not intend for the television antenna to be fabricated
				into and become a permanent fixed part of the building or adjacent
				land;
(2) The installation does not
				require any substantial modification or alteration of the building to mount the
				television antenna or to install the wiring from the television
				antenna;
(3) The attachment of the
				television antenna is accomplished by means of screws or other similar devices
				that may be removed and after removal the building does not require any repair
				other than repairing the screw holes and normal finishing work;
(4) The television antenna and its attaching
				mount may be removed without damage to the building, the land, or the
				television antenna and its attaching mount; and
(5) The installation does not require the
				permanent affixation of a pole or similar device to the building or adjacent
				land.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.01 - General Regulations › Section 09.08.01.22 - Outstanding Obligations

Current through Register Vol. 51, No. 14, July 12, 2024
Under Business Regulation Article, §
									8-306(d)(1),
				  Annotated Code of Maryland, an applicant's outstanding obligation is considered
				  a financial obligation arising out of the applicant's conviction for violation
				  of Business Regulation Article, §
									8-601, Annotated
				  Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.01 - General Regulations › Section 09.08.01.23 - Experience or Education Requirement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Trade Experience.
(1) An applicant for a home improvement
				contractor's license shall have at least 2 years of trade experience.
(2) "Trade experience" includes one or more
				of the following:
(a) Participation in a
				registered apprenticeship program;
(b) Employment in performing home
				improvements;
(c) Employment in
				performing commercial or residential construction, repairs, or
				renovations;
(d) Participation in a
				community service or charitable building or renovation program; or
(e) Performing repairs and improvements which
				require a building permit on one's home or the home of family
				members.
(3) Experience
				as a licensed home improvement salesperson for at least 2 years may be credited
				as trade experience, if the Home Improvement Commission determines that the
				applicant has gained substantial knowledge of the operation of a home
				improvement business.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.01 - General Regulations › Section 09.08.01.24 - Street Address Required

Current through Register Vol. 51, No. 14, July 12, 2024
A. This
				regulation applies to all applications, both original and renewal, received
				after April 30, 1994.
B. An
				applicant for a contractor license shall provide to the Commission the actual
				street address of the contractor's principal business office. An applicant may
				not provide a post office box or private mail drop as the applicant's business
				address of record.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.01 - General Regulations › Section 09.08.01.25 - Arbitration Clause

Current through Register Vol. 51, No. 14, July 12, 2024
A. A mandatory
				arbitration clause in a home improvement contract shall include the following
				information:
(1) The name of the person or
				organization that will conduct the arbitration;
(2) Whether any mandatory fees will be
				charged to the parties for participation in the arbitration and include the fee
				schedule;
(3) Whether the
				arbitrator's findings are binding; and
(4) A disclosure that, under Business
				Regulation Article, §
										8-405(c),
				Annotated Code of Maryland, a claim against the Home Improvement Guaranty Fund
				by an owner shall be stayed until completion of any mandatory arbitration
				proceeding.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.01 - General Regulations › Section 09.08.01.26 - Required Notice in Contracts

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				home improvement contract shall contain a notice stating that:
(1) Formal mediation of disputes between
				homeowners and contractors is available through the Maryland Home Improvement
				Commission;
(2) The Maryland Home
				Improvement Commission administers the Guaranty Fund, which may compensate
				homeowners for certain actual losses caused by acts or omissions of licensed
				contractors; and
(3) A homeowner
				may request that a contractor purchase a performance bond for additional
				protection against losses not covered by the Guaranty Fund.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.01 - General Regulations › Section 09.08.01.27 - Failure to Respond

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an
				applicant or licensee receives from the Commission a written communication
				requesting a response, the applicant or licensee shall respond within 30 days
				of the date of the mailing.
B. The
				Commission shall send a written communication by first-class mail to the last
				business address furnished to the Commission by the applicant or
				licensee.
C. It is a responsibility
				of an applicant or licensee to notify the Commission in writing if there has
				been a change in the applicant's or licensee's address.
D. Failure to respond as required by this
				regulation may be considered by the Commission to be a violation of Business
				Regulation Article, §§
									8-311(a)
				(11)-(13) and 8-616, Annotated Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.02 - Procedural Regulations › Section 09.08.02.01 - Contested Case Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. All
				contested case hearings before the Commission shall be governed by COMAR
				09.01.02.
B. All contested case
				hearings delegated to the Office of Administrative Hearings shall be governed
				by COMAR 09.01.03.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.03 - Claims Against the Home Improvement Guaranty Fund › Section 09.08.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter shall apply to all claims arising from
				  transactions or events occurring on or after July 1, 1988.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.03 - Claims Against the Home Improvement Guaranty Fund › Section 09.08.03.02 - Processing of Claims

Current through Register Vol. 51, No. 14, July 12, 2024
A. Filing of
				Claims. A claimant who seeks compensation from the Home Improvement Guaranty
				Fund ("Fund") shall file a claim with the Commission on a claim form prepared
				by the Commission. This claim form shall contain at a minimum:
(1) The amount claimed based on actual
				loss;
(2) The facts and
				circumstances giving rise to the claim; and
(3) An affirmation by the claimant that all
				statements in the claim are true.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.03 - Claims Against the Home Improvement Guaranty Fund › Section 09.08.03.03 - Adjudication of Claims

Current through Register Vol. 51, No. 14, July 12, 2024
A. Claim
				Hearings.
(1) Parties.
(a) The claimant who brought the claim, and
				the contractor alleged to be responsible for the monetary loss of the claimant,
				shall be parties in all claim hearings.
(b) Assistant Attorneys General. Assistant
				attorneys general assigned to either represent the Fund on a claim, or present
				regulatory charges, shall participate as a party in the hearing and receive all
				appropriate notices.
(c) The same
				assistant attorney general assigned to present the regulatory case may be
				assigned to represent the Fund.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.06 - Civil Citations › Section 09.08.06.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
Unless otherwise indicated, the fines under Regulation .02 of
				  this chapter apply for civil citations issued by the Commission under Business
				  Regulation Article, §
									8-620(c)(1),
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.06 - Civil Citations › Section 09.08.06.02 - Violation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Failure to
				include the name or license number in an advertisement:
(1) First violation - $100; and
(2) Second or subsequent violation -
				$300.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.07 - Fees › Section 09.08.07.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter is intended to carry out the provisions of
				  Business Regulation Article, §
									2-106.11,
				  2-106.12,
				  8-207,
				  8-209,
				  8-210,
				  8-213,
				  8-302,
				  8-303,
				  8-308, and
				  8-308.1,
				  Annotated Code of Maryland. In particular, it is intended to set various fees
				  in order to cover the actual documented direct and indirect costs of fulfilling
				  the statutory and regulatory duties of the Home Improvement
				  Commission.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 08 - HOME IMPROVEMENT COMMISSION › Chapter 09.08.07 - Fees › Section 09.08.07.02 - Schedule of Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to
				Business Regulation Article, §
									8-213, Annotated
				Code of Maryland, the Commission shall set fees to produce funds to approximate
				the cost of maintaining the Commission. Fees charged by the Commission are as
				follows:
(1) License application fees:
(a) Contractor - $281.25 for each place of
				business of the contractor;
(b)
				Salesperson - $112.50; and
(c)
				Application processing fee - $22.50;
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 09 - MARYLAND BOARD OF ELECTRICIANS › Chapter 09.09.01 - Fees and Deadlines › Section 09.09.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter is intended to carry out the provisions of
				  Business Regulation Article, §§
									2-106.9 and
				  2-106.10,
				  Annotated Code of Maryland, and Business Occupations and Professions Article,
				  Title 12, Annotated Code of Maryland. In particular, it is intended to set
				  various fees in order to cover the actual documented direct and indirect costs
				  of fulfilling the statutory and regulatory duties of the State Board of
				  Electricians, the State Board of Stationary Engineers, the State Board of
				  Plumbing, and the State Board of Heating, Ventilation, Air-Conditioning, and
				  Refrigeration Contractors.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 09 - MARYLAND BOARD OF ELECTRICIANS › Chapter 09.09.01 - Fees and Deadlines › Section 09.09.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Board" means the State Board of
				Electricians.
(2) "License fee"
				means the fee paid by an applicant or licensee, as applicable, in connection
				with the issuance and renewal of a license and the issuance of a limited
				license and a reciprocal license.
(3) "Mechanical boards" means collectively
				the:
(a) State Board of
				Electricians;
(b) State Board of
				Stationary Engineers;
(c) State
				Board of Plumbing; and
(d) State
				Board of Heating, Ventilation, Air-Conditioning, and Refrigeration
				Contractors.
(4)
				"Secretary" means the Secretary of Labor, Licensing, and Regulation.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 09 - MARYLAND BOARD OF ELECTRICIANS › Chapter 09.09.01 - Fees and Deadlines › Section 09.09.01.03 - Fees and Costs

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary and
				the mechanical boards have agreed to average their direct and indirect costs,
				based on the calculation of costs performed by the Secretary in consultation
				with the mechanical boards. Based on these calculations, the Board sets the
				following nonrefundable fees as of January 24, 2024:
(1) Original License:
(a) Master - $22.50;
(b) Journeyperson - $16.50; and
(c) Apprentice - $11.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 09 - MARYLAND BOARD OF ELECTRICIANS › Chapter 09.09.01 - Fees and Deadlines › Section 09.09.01.04 - Deadlines

Current through Register Vol. 51, No. 14, July 12, 2024
If an individual fails to pass a required license
				  examination, the individual shall wait a period of at least 30 days before
				  retaking the examination.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 09 - MARYLAND BOARD OF ELECTRICIANS › Chapter 09.09.02 - Continuing Education › Section 09.09.02.01 - Required Hours of Continuing Education

Current through Register Vol. 51, No. 14, July 12, 2024
A. To be eligible
				for renewal of a license, as required by Business Occupations and Professions
				Article, §
									6-310(c)(3),
				Annotated Code of Maryland, an applicant shall have completed during the prior
				license term:
(1) 10 hours of qualifying
				continuing education for renewal of a master license or uninsured status except
				as provided in §B(2) of this regulation; and
(2) 5 hours of qualifying continuing
				education for renewal of a journey person license or uninsured status except as
				provided in paragraph §B(2) of this regulation.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 09 - MARYLAND BOARD OF ELECTRICIANS › Chapter 09.09.02 - Continuing Education › Section 09.09.02.02 - Subject Matter for Continuing Education

Current through Register Vol. 51, No. 14, July 12, 2024
Continuing educational hours from a course or training
				  satisfy the requirement of Regulation .01A of this chapter if the course or
				  training is:
A. Based on any article
				of or update to the National Electrical Code (NEC) or any local variants
				adopted by a local board in accordance with Business Occupations and
				Professions Article, §
									6-205(b)(1),
				Annotated Code of Maryland;
B.
				Based on any code or standard of the National Fire Protection Association
				(NFPA) that relates to the provision of electrical services as defined in
				Business Occupations and Professions Article, §
									6-101(k),
				Annotated Code of Maryland; or
C.
				Compliant with the requirements set forth in Business Occupations and
				Professions Article, §
									6-205(b),
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 09 - MARYLAND BOARD OF ELECTRICIANS › Chapter 09.09.02 - Continuing Education › Section 09.09.02.03 - Approved Methods for Completion of Required Continuing Education

Current through Register Vol. 51, No. 14, July 12, 2024
At least 5 of the 10 hours of continuing education required
				  by Regulation .01A(1) of this chapter for master license renewal shall be
				  obtained in a classroom setting.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 09 - MARYLAND BOARD OF ELECTRICIANS › Chapter 09.09.03 - General Regulations › Section 09.09.03.01 - Failure to Respond

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an
				applicant or licensee receives from the Board a written communication
				requesting a response, the applicant or licensee shall respond in writing
				within 30 days of the date of the mailing.
B. The Board shall send a written
				communication by first-class mail to the last address furnished to the Board by
				the applicant or licensee.
C. It is
				the responsibility of an applicant or licensee to notify the Board in writing
				if there has been a change in an applicant's or licensee's address.
D. Failure to respond as required by this
				regulation may be considered by the Board to be a violation of Business
				Occupations and Professions Article, §
									6-316(a)(9),
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 09 - MARYLAND BOARD OF ELECTRICIANS › Chapter 09.09.03 - General Regulations › Section 09.09.03.02 - Apprentice License Required for Journeyperson License Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
On or after July 1, 2024, to be eligible for a journeyperson
				  license, an applicant shall have held, for a period of 4 years, a current
				  apprentice license issued by the Board or a local board, and during that period
				  shall have completed the 4-year work experience requirement pursuant to
				  Business Occupations and Professions Article, §
									6-304(c),
				  Annotated Code of Maryland, to receive credit toward eligibility for a
				  journeyperson license.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 09 - MARYLAND BOARD OF ELECTRICIANS › Chapter 09.09.03 - General Regulations › Section 09.09.03.03 - Time for Submitting a License Application

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant for a license filed pursuant to Business
				  Occupations and Professions Article, §
									6-307.1(2),
				  Annotated Code of Maryland, authorizing the Board to issue a journeyperson
				  license to an applicant who has successfully completed an applicable
				  electrician apprentice program approved by the Maryland Apprenticeship and
				  Training Council or federal Office of Apprenticeship, shall have completed the
				  apprentice program within 2 years of the date the journeyperson license
				  application is filed.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.01 - Thoroughbred Rules › Section 09.10.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				applies to:
(1) An entity licensed by the
				Maryland Racing Commission to hold or conduct a race meeting at which
				thoroughbred horse racing is permitted for any stake, purse, or
				reward;
(2) All owners, trainers,
				jockeys, jockey's agents, grooms, or other persons licensed by the Maryland
				Racing Commission to participate in racing at any of these meetings;
				and
(3) All thoroughbred and
				nonthoroughbred horse races except as provided by §B of this
				regulation.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.01 - Thoroughbred Rules › Section 09.10.01.03 - Commission Sovereignty

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				decision or ruling required by these regulations to be made by an entity that
				is not subject to the authority of the State is subject to review by the
				Commission.
B. If the Commission
				does not concur with a decision of an entity under §A of this regulation,
				the decision of the Commission controls.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.01 - Thoroughbred Rules › Section 09.10.01.07 - Claiming

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				provided in §A-1 of this regulation, in claiming races a horse is subject
				to claim for its entered price by:
(1) A
				licensed owner;
(2) An individual
				authorized to claim in behalf of a registered stable or other multiple
				ownership entity; or
(3) A
				registered authorized agent in behalf of a person listed in §A(1) or (2)
				of this regulation.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.01 - Thoroughbred Rules › Section 09.10.01.09 - Colors-Registration

Current through Register Vol. 51, No. 14, July 12, 2024
A. All racing
				colors carried in races shall be registered annually with the Commission on the
				application for owner's license. It shall be the sole responsibility of the
				trainer to see that his or her owner's colors are in the jockey's quarters to
				be used for his or her respective entries. For failure to do so, the trainer
				will be subject to fine.
B. Any
				temporary change from the recorded colors of the owner shall be approved by the
				stewards and noted on the scale sheet.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.01 - Thoroughbred Rules › Section 09.10.01.12 - Dead Heats

Current through Register Vol. 51, No. 14, July 12, 2024
A. When two horses
				run a dead heat for first place, all prizes to which first and second horses
				would have been entitled shall be divided equally between them; this applies in
				dividing prizes, whatever the number of horses running a dead heat and whatever
				places for which the dead heat is run. Each horse shall be deemed a winner and
				liable to penalty for the amount he shall receive.
B. When a dead heat is run for second place,
				and an objection is made to the winner of the race, and sustained, the horses
				which ran the dead heat shall be deemed to have run a dead heat for first
				place.
C. If the dividing owners
				cannot agree as to which of them is to have a cup or other prize which cannot
				be divided, the question shall be determined by lot by the stewards.
D. On a dead heat for a match, the match is
				off.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.01 - Thoroughbred Rules › Section 09.10.01.14 - Purse Money

Current through Register Vol. 51, No. 14, July 12, 2024
A. Purse money may
				not be distributed or used for claiming purposes within 72 hours of the running
				of the event in which it was earned.
B. Any purse money in dispute as the result
				of an appeal shall be held by the association in an interest-bearing escrow
				account until a final determination has been made as to the proper distribution
				of the purse money.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.01 - Thoroughbred Rules › Section 09.10.01.15-1 - Eligibility of a Horse

Current through Register Vol. 51, No. 14, July 12, 2024
A horse which is eligible for a race at the time of its entry
				  may not have its eligibility affected by a ruling on itself or another horse
				  regarding a disqualification in a prior race that is issued on or after the day
				  of the race for which the horse is entered.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.01 - Thoroughbred Rules › Section 09.10.01.16 - Engagements and Transfers

Current through Register Vol. 51, No. 14, July 12, 2024
A. Transfer
				of Engagements.
(1) If a horse is sold by
				private treaty, at public auction, or claimed out of a claiming race (unless
				the conditions of the claiming race stated otherwise), the horse is considered
				to be transferred with its engagements.
(2) The written acknowledgment of both the
				buyer and seller is required to negate the provisions of §A(1) of this
				regulation.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.01 - Thoroughbred Rules › Section 09.10.01.17 - Entries, Declarations and Scratches

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				provided in Regulations .28 and .57 of this chapter, a horse is not qualified
				to start in any race unless its owner, trainer, and jockey have been duly
				licensed by the Commission.
B. For
				all races, the racing secretary is to receive entries and
				declarations.
C. Entries and
				declarations shall be made in a manner designated by the racing secretary and
				signed by the owner of the horse, by his authorized agent, or by some person
				deputized by him.
D. Entries and
				scratches may be made by any manner designated by the racing
				secretary.
E. Joint subscriptions
				and entries may be made by any one or more of the owners. However, each partner
				shall be jointly and severally liable for all fees and forfeits.
F. Registry of a Horse.
(1) A thoroughbred horse may not be allowed
				to start in any flat race unless duly registered and named at the Registry
				Office of The Jockey Club (New York).
(2) A nonthoroughbred horse shall be
				registered and named in the files of the national office of the breed
				concerned.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.01 - Thoroughbred Rules › Section 09.10.01.18 - Equipment Changes

Current through Register Vol. 51, No. 14, July 12, 2024
A. Permission to
				add or discontinue the use of blinkers or any other device that would restrict
				the vision of a horse from behind shall be approved by the starter before being
				granted by the stewards.
B.
				Permission for a rider to discontinue carrying a whip on his mount shall be
				obtained from the stewards, and permission shall be obtained from the stewards
				before adding the whip back as part of the rider's equipment.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.01 - Thoroughbred Rules › Section 09.10.01.19 - Fines and Suspensions

Current through Register Vol. 51, No. 14, July 12, 2024
A. No racing
				official other than the stewards has the right to impose a fine or suspension
				after a hearing before the stewards.
B. A racing official imposing a fine or
				suspension shall report it promptly to the racing secretary in
				writing.
C. An unpaid fine may not
				be rescinded except with the approval of the Commission.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.01 - Thoroughbred Rules › Section 09.10.01.20 - Identification of Horses

Current through Register Vol. 51, No. 14, July 12, 2024
A. All
				horses shall be identified to the satisfaction of the stewards except:
(1) Under the provisions of §A(2) of
				this regulation, the original certificate, or a duplicate, issued by the Jockey
				Club (New York) for thoroughbreds, or issued by the national office, or other
				office as specified, for the breeds concerned for nonthoroughbreds, shall show
				original markings and shall be filed with the racing secretary before an entry
				will be allowed to start;
(2) When
				a horse has previously started and there is sufficient documentation to
				properly identify the horse, the stewards may allow the horse to start,
				however, the trainer is subject to a fine for failure to comply with the
				provisions of §A(1) of this regulation.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.01 - Thoroughbred Rules › Section 09.10.01.20-1 - Exercise Rider

Current through Register Vol. 51, No. 14, July 12, 2024
A. Exercise Rider
				License.
(1) An exercise rider shall:
(a) Be licensed by the Commission;
				and
(b) Except as provided in
				§A(2) of this regulation, be 16 years old or older.