Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.04 - Time Share Registrations › Section 09.11.04.01 - Application for Registration

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Application for registration as a time share developer shall be made on forms
				provided by the Commission at the offices of the Commission. The application
				shall contain all of the documents and information required.
B. A surety bond submitted with the
				application for registration shall be written on a form furnished by the
				Commission displaying the name of the principal on the bond as it appears on
				the application of the developer.
C. The statutory fee shall accompany the
				application as well as any other items deemed relevant by the Commission to
				determine that the statutory or regulatory standards or prerequisites have been
				met. These items may include credit reports, personal references, abstracts of
				title, and the like.
D. If, within
				30 days after receiving an application, the Commission determines that any
				prerequisite for registration has not been met, the Commission shall return the
				application to the applicant with a statement specifying the deficiencies in
				the application, provided, that if the commission has reason to believe that
				the application may readily be put into proper form, it may retain the
				application and notify the applicant of the steps which shall be taken to
				correct the deficiencies.
E. Denial
				of an application on other than technical grounds will be communicated to the
				applicant by at least first class mail at the address stated on the
				application. The denial notice will inform the applicant that the applicant may
				file a written request for a hearing on the denial before a Hearing Panel of
				the Commission.
F. At all stages of
				the proceeding, the burden of affirmatively showing that the standards and
				requirements established by statute or by regulation have been met or complied
				with shall rest on the applicant. Parties to the proceeding will be the
				applicant and the Commission. Other persons may not participate in the
				proceeding except that the Commission may, in its discretion, allow any person
				to file a written statement or memorandum addressing the issues.
G. If the applicant does not appear for a
				hearing after notice as provided in these regulations, and without a
				postponement, then the applicant has not met the burden established in § F
				of this regulation.
H. Order of
				Proceeding at Hearing. The manner and order of proceeding at the hearing is as
				follows:
(1) The Assistant Attorney General
				assigned to the Commission for the purpose will introduce the case stating its
				present posture including evidence to support the denial of the
				application.
(2) The applicant will
				then proceed to present to the Commission any matters which the applicant deems
				relevant to the issue of registration.
(3) After the applicant has presented
				relevant matters to the Commission, the Commission may ask for a response by
				way of argument, testimony, or exhibits by the Assistant Attorney
				General.
(4) After the response, if
				any, the applicant may be allowed a rebuttal addressed to those matters raised
				in the Assistant Attorney General's response.
(5) The testimony and evidence will then be
				deemed closed and the Panel may, in its discretion, accept or request closing
				comments in the same order as the evidence, or instead of comments, or in
				addition to comments, may accept or request written memoranda or
				statements.
(6) If the parties
				agree, the case may proceed on a statement of facts. In that event, the
				Commission may call for the production of evidence or testimony to clarify the
				issues.