reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.06 - New Racetrack License › Section 09.10.06.34 - Financial Forecasts

Current through Register Vol. 51, No. 14, July 12, 2024
A. Based upon
				the experiences of one or more operating racetracks, the application documents
				shall include a financial forecast regarding the operation of the proposed
				racetrack and pari-mutuel wagering for each of the first 5 years after a
				license is granted and operations are started.
B. The financial forecasts required under
				§A of this regulation shall include:
(1)
				Forecasts of revenues, expenses, changes in capital accounts, and cash
				flows;
(2) A projected balance
				sheet incorporating the financial forecast for each year for which a financial
				forecast is made stating the assets, liabilities, and amount of capital of the
				applicant, based on certain variables including:
(a) Average daily attendance,
(b) Average daily handle,
(c) Average per capita wager,
(d) Average number of admissions, including
				ticket price and free admission,
(e) The shares for the State and the
				association from the pari-mutuel handle,
(f) Minimum purse schedule,
(g) Payroll,
(h) Taxes,
(i) Cost of interest,
(j) Cost of insurance, legal, and accounting
				services,
(k) Cost of operating
				supplies and services,
(l) Cost of
				maintenance and repairs,
(m) Cost
				of totalisator services and pari-mutuel operations,
(n) Advertising and promotion
				expenses,
(o) Travel expenses,
				and
(p) Equipment
				depreciation.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.06 - New Racetrack License › Section 09.10.06.35 - Race Meetings

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				application documents shall describe the type of race meetings the applicant
				plans to conduct each year, including the number of:
(1) Live race meetings and the number of live
				race days per week; and
(2)
				Simulcast race meetings and the number of simulcast race days per
				week.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.06 - New Racetrack License › Section 09.10.06.36 - Management

Current through Register Vol. 51, No. 14, July 12, 2024
A. The application
				documents shall include a list of the individuals who will be responsible for
				the operation of the racetrack.
B.
				For each individual listed under §A of this regulation, the documents
				shall:
(1) Include a set of the individual's
				fingerprints;
(2) Include the
				information required of an individual under Regulations .10-.12 of this
				chapter; and
(3) State the
				individual's experience and qualifications in:
(a) The racing industry, including
				pari-mutuel operations,
(b) General
				business,
(c) Finance and
				accounting, and
(d)
				Security.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.06 - New Racetrack License › Section 09.10.06.37 - Concessions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The application
				documents shall describe the applicant's plan for concessions, including food,
				beverages, and promotional products.
B. If the applicant intends to contract with
				a person or a concessions company to provide the concessions, the application
				documents shall include:
(1) A copy of the
				written contract; and
(2) All the
				information required by Regulation .36 of this chapter as it pertains to the
				concessions company and its management personnel.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.06 - New Racetrack License › Section 09.10.06.38 - Pari-Mutuel Operations

Current through Register Vol. 51, No. 14, July 12, 2024
The application documents shall describe the applicant's
				  pari-mutuel facilities and operations, including a description of the
				  totalisator equipment proposed to be used.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.06 - New Racetrack License › Section 09.10.06.39 - Operations Contracts

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an
				association submits a written contract under Regulation .36, .37 or .38 of this
				chapter, the application documents shall include, for each party to the
				contract:
(1) Audited financial statements
				and an auditor's report; or
(2)
				Unaudited financial statements and a report by an independent certified public
				accountant.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.06 - New Racetrack License › Section 09.10.06.40 - Out-of-State Distributions

Current through Register Vol. 51, No. 14, July 12, 2024
The application documents shall state the amount of money
				  that will be paid by the association, during each of the first 5 years of
				  operation, to entities located outside Maryland as:
A. Payments of profit or other distributions
				to investors residing outside Maryland;
B. Interest on debt with lenders located
				outside Maryland;
C. Payment for
				supplies purchased from, or services rendered by, entities based outside
				Maryland other than the management company;
D. Payments to the management company as
				reimbursement for expenses or as payment for services;
E. Rent for facilities or equipment owned by
				entities based outside Maryland; and
F. Any other payments to out-of-State
				entities.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.06 - New Racetrack License › Section 09.10.06.41 - Racing Equipment

Current through Register Vol. 51, No. 14, July 12, 2024
The application documents shall describe the equipment to be
				  used in conducting races, including the starting gate, the timing of the races,
				  photo finish, and videotape equipment.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.06 - New Racetrack License › Section 09.10.06.42 - Purse Structure

Current through Register Vol. 51, No. 14, July 12, 2024
The application documents shall state the percentage of the
				  takeout from the handle that will be allocated to purses.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.06 - New Racetrack License › Section 09.10.06.43 - First Aid and Safety Monitoring

Current through Register Vol. 51, No. 14, July 12, 2024
The application documents shall:
A. Describe the first-aid facilities and
				personnel to be available at the racetrack, including the level of training of
				the personnel;
B. State the travel
				time to the hospital nearest the racetrack and the average response time at
				that hospital; and
C. Describe in
				detail the applicant's plans for monitoring the safety of the racing animals,
				patrons, and racetrack personnel.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.06 - New Racetrack License › Section 09.10.06.44 - Security Documents

Current through Register Vol. 51, No. 14, July 12, 2024
The application documents shall include plans that provide
				  for the safety and security of the patrons, the racing animals, and the
				  racetrack personnel.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.06 - New Racetrack License › Section 09.10.06.45 - Local Emergency Services

Current through Register Vol. 51, No. 14, July 12, 2024
The safety and security plans under Regulation .44 of this
				  chapter shall describe the:
A. Local
				emergency services available to the racetrack, including fire fighting, law
				enforcement, and medical emergency services;
B. Security equipment for the racetrack
				facilities, such as fences, locks, alarms, and monitoring equipment, including
				the:
(1) Perimeter,
(2) Stables,
(3) Paddock,
(4) Cash room and the vault,
(5) Mutuel ticket windows,
(6) Tote room,
(7) Prerace holding area and test barn,
				and
(8) Parking lot; and
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.06 - New Racetrack License › Section 09.10.06.46 - Security Personnel

Current through Register Vol. 51, No. 14, July 12, 2024
The safety and security plans under Regulation .44 of this
				  chapter shall:
A. Describe the
				security personnel at the racetrack;
B. State whether the personnel will be
				employed by the association or by an independent contractor;
C. Describe the organization and
				qualifications of the contractor, if the personnel are employed by an
				independent contractor;
D. State
				the number of individuals to be employed and the area of the racetrack at which
				each will serve;
E. State how many
				of the security personnel are law enforcement officers;
F. Provide an organizational chart of the
				security force with a job description of each level;
G. State the training requirements for the
				personnel and describe any training program provided by the association;
				and
H. State whether or not the
				security personnel are bonded and, if so, state the amount and conditions of
				the bond and the name and address of the surety company that issued the
				bond.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.06 - New Racetrack License › Section 09.10.06.47 - Fire Safety and Emergency Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
The safety and security plans shall describe:
A. The fire safety and emergency procedures
				for the racetrack, including procedures for:
(1) Protecting or evacuating the patrons and
				controlling traffic in an emergency, such as a natural disaster,
(2) Inspecting the facilities for fire
				hazards,
(3) Restricting smoking in
				areas where smoking would create a fire hazard, and
(4) Coordinating the efforts of the security
				personnel and the local emergency services;
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.06 - New Racetrack License › Section 09.10.06.48 - Minority Participation

Current through Register Vol. 51, No. 14, July 12, 2024
Any contract between the applicant and another party shall
				  contain a provision for minority participation.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.06 - New Racetrack License › Section 09.10.06.49 - Reasonable Diligence Required

Current through Register Vol. 51, No. 14, July 12, 2024
A. If
				the Commission determines that an association is failing to exercise reasonable
				diligence in preparing a new racetrack to begin racing on the date approved by
				the Commission, the Commission may revoke its approval of the applicant and
				reopen the application process.
B.
				If the Commission takes action against an association under §A of this
				regulation, that association may not participate in the application process
				that is reopened.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.06 - New Racetrack License › Section 09.10.06.50 - Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before approving
				or denying a license, the Commission shall conduct a hearing on the application
				in accordance with State Government Article, Title 10, Annotated Code of
				Maryland.
B. The burden of proof
				shall be on the applicant to show that the applicant complies with the
				regulations of the Commission regarding eligibility and qualifications for a
				license to operate a racetrack.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 10 - RACING COMMISSION › Chapter 09.10.06 - New Racetrack License › Section 09.10.06.51 - Denial of License

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Commission may deny a license if the Commission:
(1) Does not approve of the information
				submitted in Phase I or II of the application procedure;
(2) Determines that:
(a) There has not been compliance with the
				time schedule submitted by the applicant under Regulation .06 of this
				chapter;
(b) Construction was not
				completed in accordance with the plans approved by the Commission;
(c) The operational plans of the applicant
				were not ready to be implemented;
(d) The facility is not capable of conducting
				live racing; or
(e) The applicant
				will not conduct live racing on the dates requested from the Commission;
				or
(3) Determines that
				the applicant:
(a) Has not complied with all
				applicable laws, regulations, and ordinances, including those provisions
				regarding:
(i) Zoning,
(ii) Health, and
(iii) Alcoholic beverages;
(b) Has violated a law or
				regulation related to horse racing;
(c) Has been convicted of a crime related to
				illegal gambling;
(d) Has been
				convicted of a felony or a crime of moral turpitude that is reasonably related
				to the applicant's fitness to hold a racetrack license;
(e) Is not of good moral character;
(f) Has engaged in any act that is
				detrimental to the best interest of racing;
(g) Has failed to implement plans presented
				to the Commission;
(h) Has failed
				to comply with promises made, to the Commission; or
(i) Has failed to comply with any provision
				of this chapter.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.01 - General Regulations › Section 09.11.01.01 - Amount of Brokerage Agreed Upon

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each listing contract or sales contract
				shall state the amount of brokerage agreed upon, in either a specific amount or
				a specific percentage.
B. The
				licensee may not accept a listing contract to sell real property that provides
				for a net return to the seller, leaving the licensee free to sell the real
				property at a price higher than the net price.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.01 - General Regulations › Section 09.11.01.02 - Broker as Principal and Agent

Current through Register Vol. 51, No. 14, July 12, 2024
A broker may not act as principal and agent in the same
				  transaction without consent of all parties concerned.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.01 - General Regulations › Section 09.11.01.03 - Prior Acts or Conduct

Current through Register Vol. 51, No. 14, July 12, 2024
For administrative efficiency, renewal applications which are
				  filed properly shall be processed automatically. Renewal of a license therefore
				  may not affect the power of the Commission to bring charges for prior acts or
				  conduct.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.01 - General Regulations › Section 09.11.01.05 - Submission of Credit Report

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant for an original real estate broker's license
				  shall submit a credit report from an approved credit reporting agency. The
				  credit report shall include any judgments and local, state or federal tax liens
				  of the applicant.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.01 - General Regulations › Section 09.11.01.06 - Records of Transactions

Current through Register Vol. 51, No. 14, July 12, 2024
If a licensee has custody or possession of money belonging
				  to others, in the absence of proper written instructions from the parties
				  involved in the transaction to the contrary, they shall be deposited and
				  retained in a non-interest-bearing escrow account clearly designated as
				  containing funds held for others.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.01 - General Regulations › Section 09.11.01.07 - Establishing an Escrow or Special Account

Current through Register Vol. 51, No. 14, July 12, 2024
A. A real estate broker shall maintain a
				non-interest-bearing escrow or special account and report the bank's name and
				account number to the Commission as soon as trust monies are received. If a
				licensee establishes another non-interest-bearing or special escrow account,
				changes the escrow account number, or transfers the account to another bank,
				the licensee shall notify the Commission in writing within 10 days after the
				action.
B. The establishment of
				individual interest-bearing accounts, as provided under Business Occupations
				and Professions Article, §
									17-505,
				Annotated Code of Maryland, need not be reported to the Commission as long as
				records are maintained for each account and available for inspection by
				Commission personnel during regular business hours.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.01 - General Regulations › Section 09.11.01.08 - Change of Business Location

Current through Register Vol. 51, No. 14, July 12, 2024
When a licensed broker changes business location, the
				  licensed broker shall notify the Commission in writing within 10
				  days.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.01 - General Regulations › Section 09.11.01.09 - Instruction in Real Estate Principles and Practices for Salespersons

Current through Register Vol. 51, No. 14, July 12, 2024
A. Course of
				Instruction.
(1) Every applicant for
				licensure as a real estate salesperson shall furnish, at the time of filing an
				application for licensure, evidence of having satisfactorily completed a course
				of instruction in Real Estate Principles and Practices for
				Salespersons.
(2) This course of
				instruction shall be one of the following:
(a)
				The Realtors Institute of Maryland (G. R. I.) Course "I" consisting of a
				minimum of 60 clock-hours of instruction as described under §B of this
				regulation, sponsored by the Maryland Association of Realtors;
(b) A course approved by the Maryland Real
				Estate Commission, consisting of a minimum of 60 clock-hours of
				instruction.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.01 - General Regulations › Section 09.11.01.10 - Residential Listing Contracts to be in Writing and Signed

Current through Register Vol. 51, No. 14, July 12, 2024
All residential listing contracts, listing real property for
				  sale, rental, lease, or exchange, either exclusive or open, shall be in writing
				  and signed, and a copy of the contract shall be given to the seller or owner
				  before the licensee advertises, shows, or offers the
				  property.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.01 - General Regulations › Section 09.11.01.11 - Place of Business for Real Estate Broker

Current through Register Vol. 51, No. 14, July 12, 2024
The definite place of business required by Business
				  Occupations and Professions Article, §
									17-507,
				  Annotated Code of Maryland, shall be an office or headquarters where the real
				  estate broker and the real estate broker's employees regularly transact the
				  business of a real estate broker. The records of the brokerage business,
				  including the records of the escrow account, shall be kept in this office or
				  headquarters. The Real Estate Commission may not consider an answering service,
				  a mechanical message recording device or a mail drop, singly or in combination,
				  to satisfy the requirements of an office under Business Occupations and
				  Professions Article, 17-517, 17-518, and 17-520, Annotated Code of
				  Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.01 - General Regulations › Section 09.11.01.12 - 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 in writing
				within 30 days of the date of the mailing.
B. The Commission shall send a written
				communication by first-class mail to the last known 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
				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
				Occupations and Professions Article, §
									17-322(b),
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.01 - General Regulations › Section 09.11.01.13 - Form of Licensee's Reply to Commission's Written Inquiries

Current through Register Vol. 51, No. 14, July 12, 2024
A licensee shall reply in writing to the Commission within 20
				  business days of receipt of written inquiries directed to the licensee by the
				  Commission. Failure to reply in this way may be considered by the Commission to
				  be a violation of Business Occupations and Professions Article, §
									17-322(b)(25),
				  Annotated Code of Maryland, for which revocation or suspension of the license
				  can be imposed.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.01 - General Regulations › Section 09.11.01.14 - Instruction in Human Relations Aspect of Real Estate

Current through Register Vol. 51, No. 14, July 12, 2024
The basic course of instruction required of salesmen by
				  Business Occupations and Professions Article, §
									17-303(d),
				  Annotated Code of Maryland, shall include instruction in the human relations
				  aspect of the practice of real estate, including study of fair housing laws and
				  effect of undesirable practices, such as exploitation, steering, blockbusting,
				  prejudicial solicitation, discriminatory practices, misleading advertising, and
				  related activities.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.01 - General Regulations › Section 09.11.01.15 - Amount of Compensation Recoverable from Real Estate Guaranty Fund

Current through Register Vol. 51, No. 14, July 12, 2024
The amount of compensation recoverable by a claimant from the
				  Real Estate Guaranty Fund, pursuant to Business Occupations and Professions
				  Article, Title 17, Subtitle 4, Real Estate Guaranty Fund, Annotated Code of
				  Maryland, shall be restricted to the actual monetary loss incurred by the
				  claimant, but may not include monetary losses other than the monetary loss from
				  the originating transaction. Actual monetary losses may not include commissions
				  owed to a licensee of this Commission acting in the licensee's capacity as
				  either a principal or agent in a real estate transaction, or any attorney's
				  fees the claimant may incur in pursuing or perfecting the claim against the
				  guaranty fund.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.01 - General Regulations › Section 09.11.01.16 - Use of Trade Names

Current through Register Vol. 51, No. 14, July 12, 2024
A. For the purpose
				of this regulation, the following terms have the meanings indicated.
B. Definitions.
(1) "Advertising" means all oral, written,
				and visual advertising done by the licensee or by others on behalf of the
				licensee including telephone solicitation by individuals or by
				machine.
(2) "Licensee" means a
				real estate broker, associate broker, or salesperson licensed by the Real
				Estate Commission.
(3) "Trade name"
				means trademark or service mark, company name or business name, irrespective of
				whether the licensee needs to obtain permission from another person or entity
				who has an existing or continuing right in that trademark or service mark by
				virtue of any State or federal law.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.01 - General Regulations › Section 09.11.01.17 - Escrow Account Signators

Current through Register Vol. 51, No. 14, July 12, 2024
A real estate broker shall be a signator or at least one of
				  the signators on checks which may be drawn on escrow accounts which, under
				  Business Occupations and Professions Article, Title 17, Subtitle 5, Part I,
				  Annotated Code of Maryland, this real estate broker is required to maintain at
				  all times. This real estate broker may designate an alternate signator to sign
				  checks, and this designated alternate signator shall be a licensee. A
				  nonlicensed person may be a cosignator on the broker's escrow account, provided
				  all checks are also cosigned by a designated licensee.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.01 - General Regulations › Section 09.11.01.18 - Disposition of Deposit Monies Held by Licensees

Current through Register Vol. 51, No. 14, July 12, 2024
In any transaction in which a licensee has custody or
				  possession of funds which belong to others, in the absence of a provision to
				  the contrary, in the contract of sale, rental lease, option agreement, or other
				  similar type of document, and a dispute arises as to the disposition of these
				  funds by and between the parties to the transaction, the licensee shall:
A. Hold these funds until he or she has
				releases signed by all parties to the transaction authorizing disposition of
				the funds;
B. File a bill of
				interpleader in the proper court in the county or Baltimore City, as the case
				may be, thereby causing these funds to be deposited in the registry of this
				court;
C. Hold these funds until
				such time as one of the parties to the transaction files suit and the court in
				which this suit is filed orders the disbursement of these funds, whichever
				event under the purview of B and C of this regulation shall first occur;
				or
D. Distribute the funds in
				accordance with the procedure set forth in Business Occupations and Professions
				Article, §
									17-505,
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.01 - General Regulations › Section 09.11.01.19 - Time Limitation 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 written listing contract,
				  contract of sale, lease agreement, option, or actions upon which the complaint
				  is based, 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 11 - REAL ESTATE COMMISSION › Chapter 09.11.01 - General Regulations › Section 09.11.01.20 - Interest on Guaranty Fund Reimbursements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless revoked by a final order of the
				Commission, a licensee is suspended by operation of law under Business
				Occupations and Professions Article, §
									17-412,
				Annotated Code of Maryland, upon payment from the Guaranty Fund due to the
				conduct of a licensee. The Commission may not consider any application for
				reinstatement until the amount paid from the Fund because of that conduct is
				repaid in full, plus 12 percent interest from the time payment is made, under
				Business and Professions Article, §17-411(a), Annotated Code of
				Maryland.
B. For purposes of this
				regulation only, the term "application for reinstatement" may include a written
				request for reissuance of a license at the discretion of the
				Commission.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.01 - General Regulations › Section 09.11.01.22 - Ownership Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				licensee shall furnish to the Commission full information regarding an
				ownership interest held by the licensee in entities providing real estate
				brokerage services, together with the licensee's renewal application.
B. A licensee acquiring or disposing of
				ownership interest in an entity providing real estate brokerage services during
				the licensing period shall furnish to the Commission full information regarding
				the resulting ownership interest within 30 days of the change in
				ownership.
C. A new licensee shall
				furnish to the Commission full information regarding an ownership interest held
				by the new licensee in entities providing real estate brokerage services, at
				the time of application for the license.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.01 - General Regulations › Section 09.11.01.23 - Broker Supervision Course

Current through Register Vol. 51, No. 14, July 12, 2024
A licensee who is designated as a broker, branch office
				  manager, or team leader shall complete a 3 clock hour course that includes the
				  requirements of broker supervision under COMAR
				  09.11.06.01B
				  B(8)(i) within 90 days of the effective date
				  of the designation if the licensee has not completed that course during the
				  previous four years.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.02 - Code of Ethics › Section 09.11.02.02 - Relations to the Client

Current through Register Vol. 51, No. 14, July 12, 2024
A. In
				accepting employment as an agent, the licensee shall protect and promote the
				interests of the client. This obligation of absolute fidelity to the client's
				interest is primary, but it does not relieve the licensee from the statutory
				obligations towards the other parties to the transaction.
B. In justice to those who place their
				interests in the licensee's care, the licensee shall endeavor always to be
				informed regarding laws, proposed legislation, governmental orders, and other
				essential information and public policies which affect those
				interests.
C. A licensee may not
				accept compensation from more than one party to a transaction without the full
				knowledge of all the parties.
D.
				Disclosure Requirement for Licensees and Employees Buying, Selling, Leasing,
				and Renting Property.
(1) A licensee seeking
				to acquire an interest in real property must disclose the licensee's licensing
				status in writing to the seller or lessor of the property no later than the
				time that an offer is submitted.
(2) The disclosure requirement of §D(1)
				of this regulation also applies when the licensee is acting on behalf of or
				representing:
(a) A member of the licensee's
				immediate family;
(b) An entity in
				which the licensee has an ownership interest;
(c) An employee of the real estate brokerage
				with which the licensee is affiliated; or
(d) An employee of a team or group of which
				the licensee is a member.
(3) A licensee seeking to sell or lease real
				property owned by the licensee must disclose that ownership interest in writing
				at the time that the property is offered for sale or lease.
(4) The disclosure requirement of §D(3)
				of this regulation also applies when the licensee is acting on behalf of or
				representing:
(a) A member of the licensee's
				immediate family;
(b) An entity in
				which the licensee has an ownership interest;
(c) An employee of the real estate brokerage
				with which the licensee is affiliated; or
(d) An employee of a team or group of which
				the licensee is a member.
(5) Written notice required by §D(3) and
				(4) of this regulation may be given through the multiple list service and
				through any other written means effective in bringing the information to the
				attention of prospective buyers or lessees.
(6) The licensee's immediate family shall
				include the licensee's spouse or domestic partner, child, stepchild, child's
				spouse, stepchild's spouse, parent, sibling, grandparent, or
				grandchild.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.02 - Code of Ethics › Section 09.11.02.03 - Relations to Fellow Licensees

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				The agency of a licensee who holds an exclusive listing, shall be
				respected.
B. The licensee shall
				cooperate with other brokers on property listed by the licensee exclusively
				whenever it is in the interest of the client, and share commissions on a
				previously agreed basis. Negotiations concerning property listed exclusively
				with one broker shall be carried on solely with the listing broker.
C. Signs giving notice of property for sale,
				rent, lease, or exchange may not be placed on any property without the owner's
				prior consent.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.03 - Hearing Regulations › Section 09.11.03.01 - Hearings Before the Commission

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as otherwise provided in
				§§B, C, D, and E of this regulation, all contested case hearings
				before the Commission are governed by COMAR 09.01.02.
B. A hearing shall be conducted before a
				designated hearing panel of three members of the Commission convened pursuant
				to Business Occupations and Professions Article, §
									17-325,
				Annotated Code of Maryland.
C. The
				panel shall have a chairman who shall conduct the hearing and, in consultation
				with counsel, make all rulings on procedure and evidence.
D. The chairman of a panel in an exceptions
				hearing may impose reasonable time limitations for the arguments presented by
				the parties.
E. The panel may
				dismiss an application case without holding a hearing if the applicant fails to
				appear at the scheduled time after receiving proper notice.
F. The panel may dismiss an appeal without
				holding a hearing if the person who filed exceptions to the proposed order
				fails to appear at the scheduled time after receiving proper notice.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.03 - Hearing Regulations › Section 09.11.03.02 - Hearings Delegated to the Office of Administrative Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
Except as otherwise provided in Regulation .03 of this
				  chapter, all contested case hearings delegated to the Office of Administrative
				  Hearings are governed by COMAR 09.01.03.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.03 - Hearing Regulations › Section 09.11.03.03 - Discovery

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party in a
				contested case hearing may receive discovery of facts from the Commission if
				the party makes a request to that effect at least 15 days before the hearing
				date.
B. If a timely request is not
				made, any objection based on surprise or insufficiency of the notice shall be
				deemed waived.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.04 - Time Share Registrations › Section 09.11.04.02 - Rules of Procedure for Revocation or Suspension of Registration

Current through Register Vol. 51, No. 14, July 12, 2024
All hearings regarding denials of applications or
				  revocations or suspensions of registration of time share developers are
				  governed by COMAR 09.01.02.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.04 - Time Share Registrations › Section 09.11.04.03 - Records of Transactions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				developer shall maintain records of the names and addresses of licensed real
				estate brokers, employees, or independent contractors employed by it for the
				purpose of sales of time share estates in Maryland, and make those records
				available to the Commission upon request.
B. Purchase Money.
(1) The developer shall maintain a surety
				bond in accordance with the schedule set forth in Real Property Article, §
				11A -116, Annotated Code of Maryland.
(2) The penalty of bond shall reflect the
				amount of purchase money held by the developer, the developer's agents,
				employees, licensed real estate brokers or independent contractors engaged by
				the developer resulting from the sale of time share estates in
				Maryland.
(3) The developer shall
				make available to the Commission, upon its request, all records concerning the
				amount of purchase money held by the developer, the developer's agents,
				employees, or independent contractors.
(4) The Commission may request a developer to
				submit a certified statement from a certified public accountant with respect to
				purchase money obtained by or on behalf of the developer.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.04 - Time Share Registrations › Section 09.11.04.04 - General Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				promise, assertion, representation, or statement of fact or opinion in
				connection with a time share marketing activity may not be made which is false,
				inaccurate, or misleading by reason of inclusion of an untrue statement of a
				material fact or omission of a statement of a material fact relative to the
				actual or intended characteristics, circumstances, or features of the time
				share project or time share estate.
B. There may not be indication or assertion
				by a developer that an improvement will be built or placed in a time share
				project and be made available for use by purchasers of a time share estate
				unless the developer has sufficient financial assets and bona fide intention to
				complete the improvement represented.
C. A promise, assertion, representation, or
				statement of fact or opinion made in connection with a time share marketing
				activity relating to the sale of time share estates in a project located in
				this State, may not, by its terms, induce, solicit, or encourage a prospective
				purchaser to leave Maryland for the purpose of executing a contract for sale or
				performing some other act which would create a legal or equitable interest in a
				time share estate, when to do so would circumvent the provisions of Maryland
				law.
D. A time share developer,
				real estate broker, salesman, or any other person may not advertise or
				represent that the Real Estate Commission has approved or recommended any time
				share project or estate offered for sale.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.05 - Supervision › Section 09.11.05.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
Supervision means direction and review by the:
A. Broker of professional real estate
				activities by associate brokers, designated sales managers and salespersons
				associated with that brokerage, regardless of the type of work relationship
				existing between them;
B. Broker of
				the supervisory activities of each branch office manager; and
C. Branch office manager of professional real
				estate activities by the associate brokers and salespersons registered with
				that office.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.05 - Supervision › Section 09.11.05.02 - Requirement of Supervision

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				broker shall exercise reasonable and adequate supervision over the activities
				of the broker's associate brokers and salespersons.
B. A branch office manager shall exercise
				reasonable and adequate supervision over the activities of the associate
				brokers and salespersons registered with that office.
C. The exercise of reasonable and adequate
				supervision as defined in this chapter may not be construed or deemed to create
				an employer/employee relationship between the broker and licensed associated
				brokers and licensed salespersons under the broker's supervision, or to alter
				the status of an individual as an independent contractor.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.05 - Supervision › Section 09.11.05.03 - Reasonable and Adequate Supervision

Current through Register Vol. 51, No. 14, July 12, 2024
A. Initially, the operations characteristics
				of the brokerage firm shall be considered by determining the:
(1) Number of licensed salespersons and
				associate brokers affiliated with the broker;
(2) Number of branch offices and salespersons
				assigned to each office;
(3) Number
				of management personnel in each office;
(4) Normal and routine working days and hours
				of the broker and management personnel;
(5) Type of real estate activities of
				firm.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.06 - Continuing Education › Section 09.11.06.01 - 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) "Approved continuing education course"
				means a continuing education course approved by the Commission.
(2) "Classroom instruction" means the art or
				science of teaching in a space:
(a)
				Exclusively used for instructing during periods of instruction;
(b) Which is conducive to learning;
				and
(c) Where an assigned
				instructor is present.
(3) "Clock hour" means a minimum of 50
				minutes of instruction per 60-minute hour.
(4) "Commission" means the State Real Estate
				Commission.
(5) "Continuing
				education course" means a course related to real estate taught by a qualified
				instructor who is experienced in the real estate industry through:
(a) Classroom instruction; or
(b) A design and delivery system for distance
				learning instruction.
(6) "Course" means classroom or distance
				learning instruction of 1.5 clock hours, but not more than 6 clock
				hours.
(7) "Course provider" means
				an entity that is qualified to conduct continuing education courses in
				accordance with Business Occupations and Professions Article, §
										17-315(c),
				Annotated Code of Maryland.
(8)
				"Course related to real estate" means a course which covers one or more of the
				following topics:
(a) Federal, State, or
				local legislative issues;
(b)
				Antitrust law;
(c) Fair housing
				law;
(d) Real estate ethics or
				professional standards;
(e)
				Disclosure;
(f) Professional
				enhancement for practicing licensees;
(g) Technology relating to real estate
				brokerage services;
(h) The
				principles of agency and agency disclosure; and
(i) The requirements of supervision by
				brokers, branch office managers, and team leaders.
(9) Distance Learning Instruction.
(a) "Distance learning instruction" means the
				art or science of teaching where:
(i) The
				instructor and student may be separated by distance and time;
(ii) Equipment may be needed to communicate
				the content; and
(iii) The content
				is specifically developed for this form of instruction.
(b) Distance learning methods include:
(i) The specific delivery systems listed in
				Business Occupations and Professions Article, §
												17-315,
				Annotated Code of Maryland; and
(ii) Any other delivery system approved by
				the Commission.
(10) "Instructor" means an individual engaged
				by a course provider to teach a continuing education course.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 11 - REAL ESTATE COMMISSION › Chapter 09.11.06 - Continuing Education › Section 09.11.06.02 - Education Committee

Current through Register Vol. 51, No. 14, July 12, 2024
A. There is an
				Education Committee consisting of Commission members appointed by the Chairman.
				The Committee shall include at least two licensee members and one consumer
				member.
B. A course provider who
				has been denied approval of a course by Commission staff may request the
				Committee to review that decision. The request for review shall be filed within
				10 business days of receipt of the denial notice.
C. The Committee shall review the request and
				issue a decision within 20 days.
D.
				An applicant for approval as a course provider whose application has been
				turned down or a course provider whose approval to offer courses has been
				suspended or withdrawn by Commission staff may request an informal conference
				with the Committee to review that decision. The request for the conference
				shall be filed within 10 business days of receipt of the denial, suspension, or
				withdrawal notice. After the conference, the Committee shall either approve the
				course provider or refer the matter to a hearing panel of the Commission for a
				hearing in accordance with Business Occupations and Professions Article, §
									17-326,
				Annotated Code of Maryland.
E. The
				hearing panel shall hold a hearing within 60 days of the referral from the
				Committee, and issue a decision within 30 days after the hearing.
F. An applicant or course provider may waive
				the right to a hearing and request the hearing panel to review the decision to
				deny, suspend, or withdraw approval based on documentary evidence.
G. The decision of the hearing panel as to
				suspension or withdrawal of course provider approval shall be based on the
				seriousness of the offense charged, the good faith of the provider, and any
				prior history of violations by the provider.
H. The decisions of the Committee as to
				course approval and the hearing panel as to approval of a course provider are
				the final decisions of the Commission.
I. If a course provider makes a timely
				request for review of a decision to suspend or withdraw its approval to offer
				courses, that action shall be stayed until the final decision of the
				Commission.