Maryland Contractor Licensing Law

Maryland Code · 62 sections

The following is the full text of Maryland’s contractor licensing law statutes as published in the Maryland Code. For the official version, see the Maryland Legislature.

Md. Code, Bus. Occ. & Prof. GBO 1-205

§1–205.

(a)    This section does not apply to a licensed real estate associate broker or salesperson affiliated with a licensed real estate broker as an independent contractor.

(b)    By August 31 of each year, the Department shall provide to the Department of Assessments and Taxation a list of persons issued licenses, certificates, or permits under this article during the previous fiscal year, to assist the Department of Assessments and Taxation in identifying new businesses within the State.

(c)    The list provided under this section shall:

    (1)    be provided free of charge; and

    (2)    include, for each person on the list:

        (i)    the name and mailing address of the person; and

        (ii)    the federal tax identification number of the person or, if the person does not have a federal tax identification number, the Social Security number of the person.

Md. Code, Bus. Occ. & Prof. GBO 12-301

§12–301.

(a)    (1)    Except as otherwise provided in this title, an individual shall be licensed by the Board to provide plumbing services before the individual may provide plumbing services in the State.

    (2)    Except as otherwise provided in this title, an individual shall be licensed by the Board to provide or to assist in providing plumbing services before the individual may assist in providing plumbing services in the State.

    (3)    Except as otherwise provided in this title, an individual shall be licensed by the Board to provide plumbing services or certified by the Board to provide propane gas services before the individual may provide propane gas services in the State.

    (4)    Except as otherwise provided in this title, an individual shall be licensed by the Board to provide natural gas services before the individual may provide natural gas services in the State.

(b)    (1)    Subject to paragraph (2) of this subsection, this section does not apply to an individual who personally provides plumbing services in the residence of the individual.

    (2)    An individual may not provide plumbing services that make a final connection between the residence of the individual and a public or private disposal system or water supply system.

(c)    This section does not apply to an employee of a gas company regulated by the Public Service Commission while making a connection to a gas appliance for domestic purposes or while installing, repairing, maintaining, replacing, or performing any other work on a natural gas, propane gas, or other gas distribution system, including customer-owned gas piping systems.

(d)    This section does not apply to an individual performing work that is only incidental to the licensee providing or assisting in providing plumbing services.

(e)    This section does not apply to an individual who, without compensation, provides plumbing services that the Board defines by regulation to be only incidental plumbing services.

(f)    This section does not apply to an employee of a building owner, manager, or maintenance company who provides plumbing services that the Board defines by regulation to be only minor plumbing repair services.

(g)    This section does not apply to an individual who is licensed as an appliance installer in Allegany County, Frederick County, Garrett County, or Washington County while acting within the scope of the license.

(h)    This section does not apply to an individual who is licensed in Washington County to work as or for a septic system installer or an on-site utility contractor installing water or sewer service in the county at least 5 feet from a building being served.

(i)    Subsection (a)(3) and (4) of this section does not apply to an individual licensed by the State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors while servicing an existing propane gas or existing natural gas appliance if the individual has completed a manufacturer’s training course certifying competence to work on that particular type of appliance.

Md. Code, Bus. Occ. & Prof. GBO 12-302

§12–302.

(a)    In this section, “licensed master plumber” means an individual who holds:

    (1)    a master plumber license or a limited master plumber license issued by the Board;

    (2)    a master plumber license issued by the Baltimore County Plumbing Board;

    (3)    a master plumber license issued by the Washington Suburban Sanitary Commission; or

    (4)    a master plumber license issued by another state, if the individual became licensed in that state after passing an examination that is equivalent to the examination for a master plumber license given in this State.

(b)    To qualify for a license, an applicant shall be an individual who meets the requirements of this section.

(c)    (1)    An applicant for a journey plumber license:

        (i)    1.    shall have held, for a period of at least 4 years, an apprentice plumber license or a license of equal stature, as determined by the Board, that is issued by another state; and

            2.    during that period, shall have completed at least 7,500 hours of training in providing plumbing services under the direction and control of a licensed master plumber; and

        (ii)    shall have completed at least 32 hours of training in the testing of backflow prevention devices, in a manner approved by the Board.

    (2)    The Board may allow the applicant to apply up to 1,500 hours of accredited, approved school study toward the experience requirement of paragraph (1)(i)2 of this subsection.

(d)    An applicant for a master plumber license:

    (1)    shall have completed at least 3,750 hours of training in providing plumbing services as a journey plumber licensed in this State or another state and under the direction and control of a licensed master plumber;

    (2)    (i)    if an applicant resides in this State, shall have a journey plumber license for at least 2 years; or

        (ii)    shall have been licensed in another state as a journey plumber after:

            1.    completing at least 7,500 hours of training in providing plumbing services under the direction and control of a licensed master plumber; and

            2.    passing a written examination that is equivalent to the examination for a journey plumber license given in this State; and

    (3)    shall have completed at least 32 hours of training in the testing of backflow prevention devices, in a manner approved by the Board.

(e)    Except as otherwise provided in this subtitle, an applicant for a master plumber license or a journey plumber license shall pass an examination given by the Board under this subtitle.

(f)    An applicant for a propane gas fitter certificate shall:

    (1)    hold a current certification of completion of the National Propane Gas Association Certified Training Program for Distribution Systems Operations;

    (2)    hold a gas fitters license from a county or municipal corporation authorizing the individual to provide propane gas services under a licensing program that is in existence prior to July 1, 1995 and that is acceptable to the Board; or

    (3)    otherwise demonstrate qualifications that are satisfactory to the Board and that are at least equivalent to the qualifications required by the National Propane Gas Association Certified Training Program for Distribution Systems Operations.

(g)    (1)    An applicant for a journeyman natural gas fitters license:

        (i)    shall have acquired 3,750 working hours as an apprentice natural gas fitter over a period of at least 2 years; and

        (ii)    shall have demonstrated successful completion of a training course approved by the Board relating to natural gas services.

    (2)    Except as otherwise provided in this subtitle, an applicant for a journeyman natural gas fitters license shall pass an examination given by the Board under this subtitle.

(h)    An applicant for a master natural gas fitters license shall:

    (1)    hold a gas fitters license from a county or municipal corporation authorizing the individual to provide natural gas services under a licensing program that is in existence prior to July 1, 1999, is acceptable to the Board, and at a minimum requires:

        (i)    successful completion of the licensing examination with a passing score of no less than 70; and

        (ii)    2 years of work experience as a journeyman natural gas fitter under the direction of a:

            1.    licensed master plumber; or

            2.    licensed master gas fitter;

    (2)    apply to the Board for a master natural gas fitters license before October 1, 2002 and provide proof that:

        (i)    the applicant has completed a natural gas certification program offered by a third party that:

            1.    was in existence prior to July 1, 1999;

            2.    is approved by the Board; and

            3.    provides theoretical and practical training relating to natural gas services; and

        (ii)    the applicant has acquired 4 years of work experience in providing natural gas services; or

    (3)    pass a written examination given by the Board and meet any other requirements specified by the Board, and at a minimum requires:

        (i)    proof of a current master or master restricted heating license in good standing issued by the State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors that is deemed acceptable by the Board; and

        (ii)    2 years of work experience as a journeyman natural gas fitter under the direction of a:

            1.    licensed master plumber;

            2.    licensed master gas fitter; or

            3.    holder of a master or master restricted heating license in good standing issued by the State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors, who demonstrates qualification as a natural gas fitter that is deemed acceptable by the Board.

Md. Code, Bus. Occ. & Prof. GBO 12-305

§12–305.

(a)    Subject to the limitations in this section, the Board may waive any of the qualifications for a journey plumber license or a master plumber license for an individual who holds a journey plumber license or a master plumber license issued by Baltimore County or by the Washington Suburban Sanitary Commission.

(b)    The Board may grant a waiver under this section only if the applicant:

    (1)    pays the appropriate license fee required under § 12-306 of this subtitle;

    (2)    holds a license that is similar to the license for which the applicant is seeking a waiver;

    (3)    if contracting to provide plumbing services in the name of the applicant or another person, submits proof of the liability insurance as required under § 12-501 of this title; and

    (4)    provides adequate evidence that the applicant:

        (i)    meets the qualifications otherwise required by this subtitle; and

        (ii)    at the time that the applicant became licensed in Baltimore County or by the Washington Suburban Sanitary Commission, the applicant:

            1.    passed an examination that was given by Baltimore County or the Washington Suburban Sanitary Commission and was substantially equivalent to the examination that then was required by the Board; and

            2.    met qualifications for licensing that were set by Baltimore County or the Washington Suburban Sanitary Commission and were substantially equivalent to the qualifications that then were required by the Board.

(c)    (1)    Subject to paragraph (2) of this subsection, the Board may grant a waiver of the qualification and examination requirements of § 12-302 of this subtitle only if Baltimore County or the Washington Suburban Sanitary Commission waives the qualifications and examination required for individuals licensed by the Board to a similar extent as the Board waives those requirements for individuals licensed by Baltimore County or the Washington Suburban Sanitary Commission.

    (2)    An agreement may be made with Baltimore County that, if an individual who is licensed by the Board as a journey plumber or a master plumber resides in Baltimore County, the individual may be required to pass a licensing examination for a journey plumber or master plumber given by Baltimore County.

Md. Code, Bus. Occ. & Prof. GBO 12-306

§12–306.

(a)    If an applicant qualifies for a journey plumber license, a master plumber license, a limited license, a master natural gas fitters license, a journeyman natural gas fitters license, an apprentice natural gas fitters license, or a propane gas fitter certificate under this subtitle, the Board shall send the applicant a notice that states that:

    (1)    the applicant has qualified for a license; and

    (2)    the Board will issue a license to the applicant on receipt of:

        (i)    if contracting in the name of the applicant or another person to provide plumbing services, proof of the liability insurance as required under § 12–501 of this title; and

        (ii)    a license fee set by the Board.

(b)    On payment of the appropriate license fee and, if applicable, receipt of the proof of the insurance required under § 12–501 of this title, the Board shall issue a license to each applicant who meets the requirements of this subtitle.

(c)    (1)    Any master plumber, journey plumber, or apprentice holding a valid license is eligible to participate in a Board–approved cross connection/backflow prevention certification program to be certified as an approved cross connection/backflow prevention technician.

    (2)    Only a master plumber or journey plumber possessing certification shall be authorized to certify the installation and testing of mechanical cross connection control devices.

    (3)    For the purpose of certification of the installation and testing of mechanical cross connection control devices, a local jurisdiction may adopt regulations or enact laws that have qualifications comparable to or more stringent than paragraph (2) of this subsection.

Md. Code, Bus. Occ. & Prof. GBO 12-308

§12–308.

(a)    Subject to § 12–308.1 of this subtitle, unless a license is renewed for a 2–year term as provided in this section, the license expires on the first May 1 that comes:

    (1)    after the effective date of the license; and

    (2)    in an odd–numbered year.

(b)    (1)    At least 1 month before a license expires, the Board shall mail or electronically transmit to the licensee:

        (i)    a renewal application form; and

        (ii)    a notice that states:

            1.    the date on which the current license expires; and

            2.    the amount of the renewal fee.

    (2)    If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable.

(c)    Before a license expires, the licensee may renew it for an additional 2–year term, if the licensee:

    (1)    otherwise is entitled to be licensed;

    (2)    pays to the Board a renewal fee set by the Board; and

    (3)    submits to the Board:

        (i)    if contracting in the name of the licensee or another person to provide plumbing services, proof of the liability insurance required under § 12–501 of this title; and

        (ii)    a renewal application on the form that the Board provides.

(d)    The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.

(e)    The Secretary may determine that licenses and certificates issued under this subtitle shall expire on a staggered basis.

Md. Code, Bus. Occ. & Prof. GBO 12-310

§12–310.

(a)    Subject to the limitations in this section, the Board may issue a limited license to provide plumbing services as a master plumber or a journey plumber to any applicant who:

    (1)    meets the qualifications that the Board establishes for:

        (i)    a limited master plumber license; or

        (ii)    a limited journey plumber license;

    (2)    passes an examination given by the Board for:

        (i)    a limited master plumber license; or

        (ii)    a limited journey plumber license;

    (3)    submits to the Board an application on the form that the Board requires;

    (4)    pays the appropriate application fee under § 12-303 of this subtitle for:

        (i)    a master plumber license; or

        (ii)    a journey plumber license; and

    (5)    if contracting in the name of the applicant or another person to provide plumbing services, submits to the Board proof of the liability insurance as required under § 12-501 of this title.

(b)    (1)    While a limited master plumber license is in effect, it authorizes the licensee to provide plumbing services only in a specified geographical area of the State.

    (2)    While a limited journey plumber license is in effect, it authorizes the licensee to provide plumbing services under the direction and control of a master plumber only in a specified geographical area of the State.

(c)    A limited license expires on the first May 1 that comes:

    (1)    after the effective date of the limited license; and

    (2)    in an odd-numbered year.

(d)    After June 30, 1991, the Board may not issue a limited license to provide plumbing services to any individual.

(e)    Notwithstanding subsection (d) of this section, an individual who is issued a limited license to provide plumbing services on or before June 30, 1991, may continue to renew the limited license for a 2-year term as provided under § 12-308 of this subtitle if the individual meets the appropriate renewal requirements for:

    (1)    a master plumber license; or

    (2)    a journey plumber license.

Md. Code, Bus. Occ. & Prof. GBO 13-101

§13–101.

(a)    In this title the following words have the meanings indicated.

(b)    “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(c)    “Certification card” means a card issued by the Secretary under § 13-406 of this title to an individual certified as a private detective.

(d)    “Firm” means a partnership or corporation.

(e)    “Firm member” means a partner of a partnership or an officer or director of a corporation.

(f)    “License” means, unless the context requires otherwise, a license issued by the Secretary to conduct a business to provide private detective services.

(g)    “Licensed private detective agency” means, unless the context requires otherwise, a person who is licensed by the Secretary to conduct a business that provides private detective services.

(h)    “Private detective” means an individual who personally provides private detective services.

(i)    “Private detective agency” means a person who conducts a business that provides private detective services.

(j)    (1)    “Provide private detective services” means to provide, for compensation, the service of:

        (i)    conducting an investigation that concerns:

            1.    a crime or wrong committed, assumed to have been committed, or threatened to be committed;

            2.    the identity, habits, conduct, movement, location, affiliations, associations, transactions, reputation, or character of any person;

            3.    the credibility of a witness or of any other individual;

            4.    the location of a missing individual;

            5.    the location or recovery of lost or stolen property;

            6.    the origin or cause of or responsibility for:

            A.    a fire;

            B.    an accident;

            C.    any damage to or loss of property; or

            D.    an injury to an individual;

            7.    the affiliation, connection, or relation of any person with an organization or other person; or

            8.    the activities, conduct, efficiency, loyalty, or honesty of any employee, agent, contractor, or subcontractor;

        (ii)    securing evidence for use before any investigating committee, board of award, or board of arbitration or for use in the trial of any civil or criminal cause;

        (iii)    nonuniformed personal protection; or

        (iv)    conducting an investigation to locate or apprehend a fugitive from justice, unless the person:

            1.    conducting the investigation is a property bail bondsman or licensed by the Insurance Commissioner of the State or a similar licensing body of another state as a bail bondsman;

            2.    is an employee of a property bail bondsman or a licensed bail bondsman for the purpose of locating or apprehending fugitives from justice; or

            3.    is authorized as an agent by a property bail bondsman or licensed bail bondsman in advance of the apprehension of a fugitive from justice.

    (2)    “Provide private detective services” does not include:

        (i)    performing any activity of a person who is engaged exclusively in the business of making investigations and reports that relate to the financial standing, creditworthiness, or financial responsibility of any person;

        (ii)    performing any activity of a person who is engaged exclusively in the business of making a report for an insurance or credit purpose, except if the making of the report involves an investigation or surveillance of a sort normally performed by a person who otherwise is subject to this title;

        (iii)    monitoring an electronically controlled burglar or fire alarm system with a central unit; or

        (iv)    making a marketing survey.

(k)    “Representative member” means a firm member who is appointed under § 13-302(b) of this title to act on behalf of the firm.

(l)    “Secretary” means the Secretary of State Police.

Md. Code, Bus. Occ. & Prof. GBO 16-3A-01

§16–3A–01.

(a)    Except as otherwise provided in this title, an individual shall be licensed by the Commission as a home inspector before the individual may provide home inspection services in the State.

(b)    This title does not apply to:

    (1)    an individual who is employed as a building code enforcement official by the State or a political subdivision of the State, while acting within the scope of that employment;

    (2)    an individual who is employed as a federal or State inspector, while acting within the scope of that employment;

    (3)    a plumber, electrician, professional engineer, real estate appraiser, real estate broker or agent, or heating, ventilation, air-conditioning, or refrigeration contractor who is licensed in the State, while acting within the scope of that license;

    (4)    a roofer, general contractor, remodeler, or structural pest control specialist, while acting within the scope of that occupation; or

    (5)    any other professional whose services may be required in the building or remodeling of real property and who does not claim to be a licensed home inspector.

Md. Code, Bus. Occ. & Prof. GBO 16-5B-01

§16–5B–01.

(a)    In this subtitle the following words have the meanings indicated.

(b)    “Appraisal management company” means a third party authorized by a creditor of a consumer credit transaction secured by a consumer’s principal dwelling, or by an underwriter of or other principal in the secondary mortgage markets, that directly or indirectly provides appraisal management services in connection with valuing properties collateralizing mortgage loans or mortgages incorporated in a securitization.

(c)    (1)    “Appraisal review” means the act of developing and communicating an opinion about the quality of another appraiser’s work that was performed as part of an appraiser assignment.

    (2)    “Appraisal review” does not include an examination of an appraisal for grammatical, typographical, or other similar errors that do not make a substantive valuation change.

(d)    “Appraiser” means a licensed real estate appraiser or a certified real estate appraiser.

(e)    “Appraiser panel” means a network of licensed or certified appraisers who are independent contractors to the appraisal management company.

(f)    “Competent appraiser” means an appraiser that satisfies each provision of the competency rule of the Uniform Standards of Professional Practice for a specific appraisal assignment that the appraiser has received, or may receive, from an appraisal management company.

(g)    “Controlling person” means:

    (1)    an owner, officer, or director of an appraisal management company;

    (2)    an individual employed, appointed, or authorized by an appraisal management company that has the authority to enter into:

        (i)    a contractual relationship with other persons for the performance of appraisal management services; and

        (ii)    agreements with appraisers for the performance of appraisals; or

    (3)    an individual who possesses the power to direct or cause the direction of the management or policies of an appraisal management company.

(h)    “Provide appraisal management services” means to, directly or indirectly, on behalf of a lender, financial institution, client, or other person in conjunction with a consumer credit transaction that is secured by a consumer’s primary dwelling:

    (1)    administer an appraisal panel;

    (2)    recruit, retain, or select appraisers;

    (3)    verify licensing or certification, negotiate fees and service level expectations, and review the qualifications of persons who are part of, or who wish to become part of, an appraiser panel;

    (4)    contract with appraisers to perform appraisal assignments;

    (5)    receive an order for an appraisal from one person, and deliver the order for the appraisal to an appraiser that is part of an appraiser panel for completion;

    (6)    manage the process of having an appraisal performed, including the following administrative duties:

        (i)    receiving appraisal orders and reports;

        (ii)    submitting completed appraisal reports to creditors and underwriters;

        (iii)    collecting fees from creditors and underwriters for services provided; and

        (iv)    reimbursing appraisers for services performed;

    (7)    track and determine the status of orders for appraisals;

    (8)    conduct quality control of a completed appraisal prior to the delivery of the appraisal to the person that ordered the appraisal; or

    (9)    provide a completed appraisal performed by an appraiser to a client.

Md. Code, Bus. Occ. & Prof. GBO 16-5B-07

§16–5B–07.

An appraisal management company may not:

    (1)    knowingly employ a person in a position in which the person has the responsibility to order appraisals or to review completed appraisals who has had a license or certificate to act as an appraiser refused, denied, canceled, revoked, or surrendered in any state, unless the license or certificate was subsequently granted or reinstated;

    (2)    knowingly enter into an independent contractor arrangement for real estate appraisal services with a person who has had a license or certificate to act as an appraiser refused, denied, canceled, revoked, or surrendered in any state, unless the license or certificate was subsequently granted or reinstated; or

    (3)    knowingly enter into a contract, an agreement, or any other business relationship, for the purpose of obtaining real estate appraisal services, with an entity that employs, has entered into an independent contract arrangement with, or has entered into a contract, an agreement, or any other business relationship with a person who has ever had a license or certificate to act as an appraiser refused, denied, canceled, revoked, or surrendered in any state, unless the license or certificate was subsequently granted or reinstated.

Md. Code, Bus. Occ. & Prof. GBO 16-5B-08

§16–5B–08.

(a)    An appraisal management company shall require that an appraiser confirm in writing or via electronic means that an appraiser receiving the assignment is a competent appraiser for the performance of the appraisal being assigned.

(b)    An appraisal management company that has complied with subsection (a) of this section in relation to an assignment may not be held liable for a violation of this subtitle in relation to that assignment if the Commission subsequently determines that the appraiser completing the assignment violated the competency rule of the Uniform Standards of Professional Appraisal Practice.

(c)    An employee of or independent contractor to the appraisal management company that performs an appraisal review on a property located in the State shall be an appraiser licensed or certified in the State.

(d)    An appraisal management company may not enter into any agreements with an appraiser for the performance of appraisals in conjunction with federally related transactions unless it verifies that the appraiser is licensed or certified to perform the appraisal under this subtitle.

Md. Code, Bus. Occ. & Prof. GBO 17-320

§17–320.

(a)    (1)    Subject to the provisions of this section, a licensed real estate broker may utilize as an independent contractor, employ, or otherwise contract with a licensed real estate salesperson or a licensed associate real estate broker to provide real estate brokerage services on behalf of the licensed real estate broker.

    (2)    A real estate broker may not provide real estate brokerage services through any other individual unless the individual is licensed as an associate real estate broker or real estate salesperson to provide real estate brokerage services on behalf of the real estate broker.

(b)    Any individual, including a licensed associate real estate broker, who provides real estate brokerage services on behalf of a real estate broker shall be considered a real estate salesperson with respect to the provision of those services.

(c)    (1)    A real estate broker shall exercise reasonable and adequate supervision over the provision of real estate brokerage services by any other individual, including an independent contractor, on behalf of the broker.

    (2)    The requirement of paragraph (1) of this subsection applies regardless of the manner in which the individual who provides the services is affiliated with the real estate broker on whose behalf the services are provided.

(d)    (1)    A branch office manager, as defined in § 17–518(d) of this title, shall exercise reasonable and adequate supervision over the provision of real estate brokerage services by any sales agent or associate broker registered with that office.

    (2)    The responsibility of the branch office manager to supervise sales agents and associate brokers registered to the manager’s office is in addition to, and not in lieu of, the responsibility of the broker set forth in subsection (c) of this section.

(e)    If the affiliation between a real estate broker and a real estate salesperson or an associate real estate broker terminates, the real estate broker immediately shall:

    (1)    mail to the salesperson or associate broker, at the last known home and office address of that individual, notice that the affiliation is terminated;

    (2)    submit to the Commission written notice that the affiliation is terminated, including copies of the notices mailed to the salesperson or associate broker; and

    (3)    return the license certificate of the salesperson or associate broker to the Commission.

Md. Code, Bus. Occ. & Prof. GBO 17-527.4

§17–527.4.

(a)    (1)    In this section, “service provider” includes a mortgage lender, a mortgage broker, a real estate appraiser, a home inspector, a plumber, an electrician, and a heating, ventilation, air–conditioning, and refrigeration contractor.

    (2)    “Service provider” does not include a home improvement contractor.

(b)    Notwithstanding any other provision of law and except as otherwise provided in subsection (c) of this section, if a licensee offers the name of a service provider to a client in the provision of real estate brokerage services, the licensee need not verify that the service provider is currently licensed by the State to perform the services.

(c)    If a licensee offers the name of a home improvement contractor to a client, the licensee shall:

    (1)    annually verify that the home improvement contractor is licensed by the Home Improvement Commission under Title 8 of the Business Regulation Article to act as a home improvement contractor before offering the name to the client; and

    (2)    inform the client of the website on which the licensing information may be found, and the date on which the licensee verified the information.

Md. Code, Bus. Occ. & Prof. § 3-103

§3–103.     (a)    Except as otherwise provided in this section, all architectural documents prepared in connection with the addition, alteration, construction, or design of a building, an integral part of a building, or a group of buildings which are intended for public use or residential use shall be signed, sealed, and dated by a licensed architect in accordance with § 3-501 of this title.     (b)    A licensed architect may perform design coordination for a project or portion of a project provided that the licensed architect:         (1)    holds a current license issued by the Board; and         (2)    has adequate experience in, and understanding of, achieving the purpose of the project or portion of the project being coordinated.     (c)    This title does not limit the right of:         (1)    a construction contractor to administer construction contracts;         (2)    a developer, builder, or contractor to provide design services related to the developer’s, builder’s, or contractor’s own construction of new or existing single-family or two-family dwellings, or structures ancillary to them, or farm buildings;         (3)    a certified interior designer or other individual to provide interior design services as that term is defined in Title 8 of this article; or         (4)    an individual to prepare plans, drawings, and other documents in connection with the addition, alteration, construction, design, or repair of a single-family dwelling and appurtenances that are for the personal use of that individual or a member of the immediate family of that individual.     (d)    (1)    A person may not be required to employ a licensed architect in connection with the alteration or repair of an existing building or structure in a municipal corporation if the alteration or repair:             (i)    does not adversely affect the structural system of the building, including foundations, footings, walls, floors, roofs, bearing partitions, beams, columns, joists, or the mechanical, electrical, or plumbing systems; and             (ii)    1.    complies with the Maryland Rehabilitation Code and does not exceed $25,000 in estimated costs, including labor and materials for alterations or repairs limited to:                 A.    minor interior alterations or cosmetic or similar repairs; and                 B.    fixtures, cabinetwork or furniture; or                 2.    does not exceed $10,000 in estimated costs, including labor and materials, for alterations or repairs limited to:                 A.    Storefronts, facades, or similar replacements;                 B.    exterior stairways, landings, decks, or ramps;                 C.    joists; or                 D.    a mechanical, electrical, or plumbing system.         (2)    Any work performed under this subsection shall be in compliance with the Americans with Disabilities Act and the Maryland Building Performance Standards set forth in Title 12, Subtitle 5 of the Public Safety Article.         (3)    The exclusion provided for in this subsection shall be used only once per building or structure in a 12–month period.         (4)    A building permit issued under this subsection:             (i)    shall contain an affidavit signed by the person who has submitted the permit stating that the repair or alteration is in compliance with this subsection; and             (ii)    may not be amended or revised in any way to cause the alteration or repair to exceed the maximum amount in total costs authorized under paragraph (1) of this subsection, including labor and materials.         (5)    Any building permit issued under this subsection that contains technical submissions that fail to conform to the requirements of this subsection shall be invalid.     (e)    Notwithstanding the provisions of subsection (d) of this section, a code official may require that architectural documents for alterations or repairs of existing buildings or structures be signed and sealed by a licensed architect if the code official determines that the signature and seal of a licensed architect is necessary to provide conformity with the Maryland Building Performance Standards or to otherwise provide for the health and safety of the public.

Md. Code, Bus. Occ. & Prof. GBO 7-101

§7–101.

(a)    In this title the following words have the meanings indicated.

(b)    “Board” means the State Board of Foresters.

(c)    (1)    Notwithstanding § 5–101 of the Natural Resources Article, “forestry” means the application, for compensation, of scientific techniques to the planting, conservation, protection, and management of trees and related resources for their continuing use, whether found in large numbers and areas commonly known as forests, woodlands, and woodlots or in small groupings and individual trees in suburban and urban settings.

    (2)    “Forestry” includes:

        (i)    consultation, investigation, evaluation, or planning of any forestry activity that is described under paragraph (1) of this subsection; or

        (ii)    having responsibility for any forestry activity that is described under paragraph (1) of this subsection.

    (3)    “Forestry” does not include:

        (i)    the services of a tree expert, as defined under § 5–415(c) of the Natural Resources Article;

        (ii)    practices and services generally provided by:

            1.    an arboriculturist;

            2.    a gardener;

            3.    a horticulturist;

            4.    a landscape contractor;

            5.    a landscape gardener;

            6.    a nurseryman; or

            7.    an orchardist; or

        (iii)    the cutting, hauling, handling, or processing of forest products.

(d)    “License” means, unless the context requires otherwise, a license issued by the Board to practice forestry.

(e)    “Licensed forester” means, unless the context requires otherwise, an individual who is licensed by the Board to practice forestry.

(f)    “Uniformed services” has the meaning stated in § 9–901 of the State Government Article.

Md. Code, Bus. Reg. § 8-101

§8–101.     (a)    In this title the following words have the meanings indicated.     (b)    “Commission” means the Maryland Home Improvement Commission.     (c)    “Contractor” means a person, other than an employee of an owner, who performs or offers or agrees to perform a home improvement for an owner.     (d)    “Contractor license” means a license issued by the Commission to act as a contractor.     (e)    “Fund” means the Home Improvement Guaranty Fund.     (f)    “Hearing board” means a home improvement hearing board appointed by the Commission under § 8-313 of this title.     (g)    (1)    “Home improvement” means:             (i)    the addition to or alteration, conversion, improvement, modernization, remodeling, repair, or replacement of a building or part of a building that is used or designed to be used as a residence or dwelling place or a structure adjacent to that building; or             (ii)    an improvement to land adjacent to the building.         (2)    “Home improvement” includes:             (i)    construction, improvement, or replacement, on land adjacent to the building, of a driveway, fall–out shelter, fence, garage, landscaping, deck, pier, porch, or swimming pool;             (ii)    a shore erosion control project, as defined under § 8–1001 of the Natural Resources Article, for a residential property;             (iii)    connection, installation, or replacement, in the building or structure, of a dishwasher, disposal, or refrigerator with an icemaker to existing exposed household plumbing lines;             (iv)    installation, in the building or structure, of an awning, fire alarm, or storm window; and             (v)    work done on individual condominium units.         (3)    “Home improvement” does not include:             (i)    construction of a new home;             (ii)    work done to comply with a guarantee of completion for a new building project;             (iii)    connection, installation, or replacement of an appliance to existing exposed plumbing lines that requires alteration of the plumbing lines;             (iv)    sale of materials, if the seller does not arrange to perform or does not perform directly or indirectly any work in connection with the installation or application of the materials;             (v)    work done on apartment buildings that contain four or more single–family units; or             (vi)    work done on the commonly owned areas of condominiums.     (h)    “Home improvement contract” means an oral or written agreement between a contractor and owner for the contractor to perform a home improvement.     (i)    (1)    “License” means, except where it refers to a license other than one issued under this title, a license issued by the Commission.         (2)    “License” includes:             (i)    a contractor license; and             (ii)    a salesperson license.     (j)    “Licensed contractor” means a person who is licensed by the Commission to act as a contractor.     (k)    “Owner” includes a homeowner, tenant, or other person who buys, contracts for, orders, or is entitled to a home improvement.     (l)    “Salesperson” means a person who sells a home improvement.     (m)    “Salesperson license” means a license issued by the Commission to sell a home improvement.     (n)    “Sell a home improvement” means:         (1)    to negotiate or offer to negotiate a home improvement contract with an owner; or         (2)    to seek to get a home improvement contract from an owner.     (o)    “Subcontractor” means a person, other than a laborer or supplier of materials, who makes an oral or written agreement with:         (1)    a contractor to perform all or part of a home improvement contract; or         (2)    another subcontractor to perform all or part of a subcontract to a home improvement contract.

Md. Code, Bus. Reg. § 8-209

§8–209.     (a)    The Commission shall keep available for public inspection during office hours a record of:         (1)    all licenses issued under this title;         (2)    all expirations, revocations, and suspensions of those licenses; and         (3)    all contractors represented by each salesperson who holds a license under this title.     (b)    The Commission shall collect a fee of $1 per page for each copy of a document in the Commission office.

Md. Code, Bus. Reg. § 8-301

§8–301.     (a)    Except as otherwise provided in this title, a person must have a contractor license whenever the person acts as a contractor in the State.     (b)    Except as otherwise provided in this title, a person must have a salesperson license or contractor license whenever the person sells a home improvement in the State.     (c)    This section does not apply to:         (1)    an individual who works for a contractor for a salary or wages but who is not a salesperson for the contractor;         (2)    a clerical employee, retail clerk, or other employee of a licensed contractor who is not a salesperson, as to a transaction on the premises of the licensed contractor;         (3)    a solicitor for a contractor who calls an owner by telephone only;         (4)    an architect, electrician, plumber, heating, ventilation, air–conditioning, or refrigeration contractor, or other person who:             (i)    is required by State or local law to meet standards of competency or experience before engaging in an occupation or profession;             (ii)    currently is licensed in that occupation or profession under State or local law; and             (iii)    is:                 1.    acting only within the scope of that occupation or profession; or                 2.    installing a central heating or air–conditioning system;         (5)    a security systems technician licensed under Title 18 of the Business Occupations and Professions Article;         (6)    a marine contractor licensed under Title 17, Subtitle 3 of the Environment Article; or         (7)    a person who is selling a home improvement to be performed by a person described in item (4) of this subsection.

Md. Code, Bus. Reg. § 8-302

§8–302.     (a)    An applicant for a contractor’s or salesperson’s license must pass the examination prior to submitting an application for a license.     (b)    An applicant may receive a license only if the applicant passes the examination that the Commission requires.     (c)    (1)    To take an examination, an applicant shall pay to the Commission or a testing service chosen by the Commission the examination fee set by the Commission to cover the cost of the examination.         (2)    The examination fee is nonrefundable.     (d)    (1)    The Commission shall schedule the applicant for an examination to be held within 45 days after the Commission receives an application for examination.         (2)    The examination shall be held at a location:             (i)    that is within the general geographic area where the applicant resides, if the applicant resides in the State; or             (ii)    that the Commission determines, if the applicant resides out of State.     (e)    The Commission shall give each qualified applicant notice of the time and place of examination.     (f)    (1)    Except as otherwise provided in this section, the Commission shall determine the subjects, scope, and form of and the passing score for examinations.         (2)    The examination shall test:             (i)    the applicant’s knowledge of the law about home improvement; and             (ii)    the applicant’s competency to engage in the licensed occupation.         (3)    The competency part of the examination may be oral or written.     (g)    (1)    The Commission may use a testing service to administer the examinations given under this section.         (2)    If the Commission uses a testing service under this subsection, the testing service, subject to the requirements set by the Commission, may:             (i)    set the time and place of examinations;             (ii)    give qualified applicants notice of the time and place of examinations; and             (iii)    furnish any other information that the Commission may require the testing service to provide.     (h)    Within 30 days after the first meeting of the Commission after an examination date, the Commission shall notify an applicant in writing of the examination score of the applicant.

Md. Code, Bus. Reg. § 8-303

§8–303.     (a)    An applicant for a license shall:         (1)    submit to the Commission an application on the form that the Commission provides;         (2)    submit to the Commission with the license application proof of compliance with the insurance requirement of § 8–302.1 of this subtitle, if the applicant is applying for a contractor license;         (3)    pay into the Fund the fee required under § 8–404(a) of this title, if the applicant is applying for a contractor license; and         (4)    pay to the Commission an application fee set by the Commission.     (b)    In addition to any other information required on an application form, the form shall require:         (1)    for an individual applicant, the name and address of the applicant;         (2)    for a corporate applicant, the name and address of each officer;         (3)    for a partnership applicant, the name and address of each partner;         (4)    for a joint venture applicant, the name and address of each party to the joint venture;         (5)    if the applicant acts as a contractor through a corporation or limited partnership, the name and address of the resident agent of the corporation or limited partnership in the State;         (6)    if the applicant is applying for a contractor license, a complete description of the nature of the contracting business of the applicant;         (7)    if the applicant is applying for a salesperson license, a complete description of the duties of the applicant;         (8)    a record of the applicant’s experience in the field of home improvement or other construction work, including dates when and addresses where the applicant has resided and done business;         (9)    if the applicant provides lead paint abatement services, the Department of the Environment lead paint abatement accreditation number and accreditation expiration date;         (10)    whether the applicant has ever held a professional or vocational license in this or any other state; and         (11)    whether the applicant has had a professional or vocational license denied, suspended, or revoked.     (c)    To evaluate the qualifications of an applicant for a license, the Commission may ask the applicant for:         (1)    information about the applicant’s character, experience, and financial stability; and         (2)    any other information that the Commission needs.     (d)    If the applicant is applying for a contractor license, the applicant shall:         (1)    have submitted to the Commission, by a credit reporting agency approved by the Commission, a credit report that contains the information required by the Commission; or         (2)    have paid to the Commission or the Commission’s designee a credit report fee in an amount not to exceed the cost charged by a credit reporting agency approved by the Commission to obtain a credit report that contains the information required by the Commission.     (e)    Financial information that an applicant submits to the Commission:         (1)    is confidential and is not a public record; but         (2)    if relevant, is admissible as evidence in an administrative or judicial proceeding.     (f)    An applicant that is incorporated or has its principal office in another state shall pay to the Commission the fee imposed in that state on a similar nonresident business if that fee is higher than the application fee set by the Commission.

Md. Code, Bus. Reg. § 8-306

§8–306.     (a)    The Commission shall issue a license to each applicant who meets the requirements of this subtitle.     (b)    The Commission:         (1)    may issue a salesperson license only to an individual; and         (2)    may not issue a salesperson license unless the Commission has received from a licensed contractor written notice, signed by both the licensed contractor and salesperson, of an employment or other contractual relationship between the licensed contractor and salesperson.     (c)    Except as otherwise provided in subsection (d) of this section, the Commission may not issue a license to an applicant for a contractor license or salesperson license who has been convicted of violating § 8–601 of this title.     (d)    The Commission may issue a contractor license or salesperson license to an applicant who has been convicted of violating § 8–601 of this title if:         (1)    the Commission determines that the applicant has settled all outstanding obligations; and         (2)    1 year has passed since the date of conviction.     (e)    The Commission may not issue a contractor license to an applicant unless the applicant has submitted to the Commission proof of compliance with the insurance requirement of § 8-302.1 of this subtitle.

Md. Code, Bus. Reg. § 8-307

§8–307.     (a)    A contractor license authorizes the licensee to act as a contractor or subcontractor and to sell a home improvement.     (b)    A salesperson license authorizes the licensee to sell a home improvement.     (c)    A license issued under this subtitle does not authorize the licensee to engage in a business or provide a service that may be engaged in or provided only by a person licensed under other State or local law.

Md. Code, Bus. Reg. § 8-308

§8–308.     (a)    The Secretary may stagger the terms of licenses.     (b)    Unless a license is renewed for a 2–year term as provided in this section, the license expires:         (1)    if the Secretary staggers the terms of licenses, on the date that the Secretary sets; or         (2)    if the Secretary does not stagger the terms of licenses, on the first June 30 that comes after the effective date of the license in an odd–numbered year.     (c)    (1)    At least 1 month before a license expires, the Commission shall mail or electronically transmit to the licensee:             (i)    a renewal application form; and             (ii)    a notice that states:                 1.    the date on which the current license expires; and                 2.    the amount of the renewal fee.         (2)    If an electronic transmission under paragraph (1) of this subsection is returned to the Commission as undeliverable, the Commission shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Commission received the notice that the electronic transmission was undeliverable.     (d)    (1)    Before a license expires, the licensee periodically may renew it for an additional 2–year term, if the licensee:             (i)    otherwise is entitled to be licensed;             (ii)    submits to the Commission a renewal application on the form that the Commission provides;             (iii)    submits to the Commission proof of compliance with the insurance requirement of § 8–302.1 of this subtitle, if the licensee is renewing a contractor license;             (iv)    submits to the Commission the Department of the Environment lead paint abatement accreditation number and accreditation expiration date, if the licensee provides lead paint abatement services; and             (v)    pays to the Commission a renewal fee set by the Commission.         (2)    A licensee that is incorporated or has its principal office in another state shall pay to the Commission the fee imposed in that state on a similar nonresident business if that fee is higher than the renewal fee set by the Commission.     (e)    For renewal of a contractor license, the licensee shall:         (1)    submit to the Commission, by a credit reporting agency approved by the Commission, a credit report that contains the information required by the Commission; or         (2)    pay to the Commission or the Commission’s designee a credit report fee in an amount not to exceed the cost charged by a credit reporting agency approved by the Commission to obtain a credit report that contains the information required by the Commission for renewal of a contractor license.     (f)    (1)    The Commission shall renew the license of each licensee who meets the requirements of this section.         (2)    The Commission may not renew a contractor license unless the contractor submits proof of compliance with the insurance requirement of § 8–302.1 of this subtitle.     (g)    A licensed contractor shall give the Commission notice of the cancellation of insurance required under § 8–302.1 of this subtitle at least 10 days before the effective date of the cancellation.

Md. Code, Bus. Reg. § 8-310

§8–310.     (a)    A salesperson may not represent more than 2 contractors at a time.     (b)    Before an individual becomes a salesperson for a contractor, the individual shall tell:         (1)    that contractor the name of each other contractor for whom the individual currently is a salesperson; and         (2)    each contractor for whom the individual currently is a salesperson the name of the contractor for whom the individual plans to become a salesperson.     (c)    When an individual ceases to be a salesperson for a contractor, the contractor shall give the Commission written notice of the cessation.

Md. Code, Bus. Reg. § 8-311

§8–311.     (a)    Subject to the hearing provisions of § 8–312 of this subtitle, the Commission may deny a license to an applicant, reprimand a licensee, or suspend or revoke a license if the applicant or licensee or the management personnel of the applicant or licensee:         (1)    fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another person;         (2)    fraudulently or deceptively uses a license;         (3)    fails to give the Commission information required by this subtitle about an application for a license;         (4)    fails to pass an examination required by this subtitle;         (5)    under the laws of the United States or of any state, is convicted of a:             (i)    felony; or             (ii)    misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to engage in home improvement services;         (6)    often fails to perform home improvement contracts;         (7)    falsifies an account;         (8)    engages in fraud;         (9)    as a contractor fails to show financial solvency, based on the intended scope and size of the business in relation to total assets, liabilities, credit rating, and net worth;         (10)    as a contractor lacks competence, as shown by the performance of an unworkmanlike, inadequate, or incomplete home improvement;         (11)    violates this title;         (12)    attempts to violate this title;         (13)    violates a regulation adopted under this title; or         (14)    in the Chesapeake and Atlantic Coastal Bays Critical Area, as defined under § 8–1802 of the Natural Resources Article, fails to comply with:             (i)    the terms of a State or local permit, license, or approval issued for home improvement; or             (ii)    any State or local law, an approved plan, or other legal requirement.     (b)    Subject to the hearing provisions of § 8–312 of this subtitle, the Commission may reprimand a contractor or suspend or revoke the license of a contractor for a violation of this title by an agent, director, employee, manager, officer, partner, or salesperson of the contractor, unless the Commission finds that the contractor or management personnel of the contractor:         (1)    had no knowledge of the wrongful conduct; or         (2)    could not prevent the violation.     (c)    Instead of or in addition to reprimanding a licensee or suspending or revoking a license, the Commission may impose a civil penalty under § 8-620 of this title.     (d)    The Commission shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(5) of this section:         (1)    the nature of the crime;         (2)    the relationship of the crime to the activities authorized by the license;         (3)    with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to provide home improvement services;         (4)    the length of time since the conviction; and         (5)    the behavior and activities of the applicant or licensee before and after the conviction.

Md. Code, Bus. Reg. § 8-315

§8–315.     (a)    Except as otherwise provided in subsection (b) of this section, a contractor may not pay or otherwise compensate another person for performing or selling a home improvement unless:         (1)    the person to be paid or compensated is licensed;         (2)    the person to be paid or compensated is not subject to the licensing requirements of this title; or         (3)    the transaction for which the consideration is to be paid is not subject to this title.     (b)    After the expiration, suspension, or revocation of a license, a person:         (1)    is not relieved of outstanding obligations; and         (2)    may complete and be paid under a home improvement contract that is made but not performed on the date of the expiration, suspension, or revocation.

Md. Code, Bus. Reg. § 8-404

§8–404.     (a)    Before the Commission issues a contractor license, the contractor shall pay a fee of $100 to be credited to the Fund.     (b)    (1)    If the Commission finds that, because of pending claims, the amount of the Fund may fall below $1,000,000, the Commission shall assess each contractor a fee of $50.         (2)    However, under this subsection the Commission may not assess a contractor more than $150 in a calendar year.     (c)    If a contractor fails to pay an assessment within 60 days after notice of the assessment, the contractor license is suspended until the assessment is paid.

Md. Code, Bus. Reg. § 8-405

§8–405.     (a)    Subject to this subtitle, an owner may recover compensation from the Fund for an actual loss that results from an act or omission by a licensed contractor or a violation of § 8–607(4) of this title as found by the Commission or a court of competent jurisdiction.     (b)    For purposes of recovery from the Fund, the act or omission of a licensed contractor includes the act or omission of a subcontractor, salesperson, or employee of the licensed contractor, whether or not an express agency relationship exists.     (c)    A claimant shall comply with a written agreement to submit a dispute to arbitration before seeking recovery from the Fund.     (d)    The Commission may deny a claim if the Commission finds that the claimant unreasonably rejected good faith efforts by the contractor to resolve the claim.     (e)    The Commission may not award from the Fund:         (1)    more than $30,000 to one claimant for acts or omissions of one contractor;         (2)    more than $250,000 to all claimants for acts or omissions of one contractor unless, after the Commission has paid out $250,000 on account of acts or omissions of the contractor, the contractor reimburses $250,000 to the Fund;         (3)    an amount for attorney fees, consequential damages, court costs, interest, personal injury damages, or punitive damages;         (4)    an amount as a result of a default judgment in court; or         (5)    an amount in excess of the amount paid by or on behalf of the claimant to the contractor against whom the claim is filed.     (f)    (1)    A claim against the Fund based on the act or omission of a particular contractor may not be made by:             (i)    a spouse or other immediate relative of the contractor;             (ii)    an employee, officer, or partner of the contractor; or             (iii)    an immediate relative of an employee, officer, or partner of the contractor.         (2)    An owner may make a claim against the Fund only if the owner:             (i)    resides in the home as to which the claim is made; or             (ii)    does not own more than three residences or dwelling places.     (g)    A claim shall be brought against the Fund within 3 years after the claimant discovered or, by use of ordinary diligence, should have discovered the loss or damage.

Md. Code, Bus. Reg. § 8-407

§8–407.     (a)    The procedures for notice, hearings, and judicial review that apply to proceedings under Subtitle 3 of this title also apply to proceedings to recover from the Fund.     (b)    On receipt of a claim, the Commission shall:         (1)    send a copy of the claim to the contractor alleged to be responsible for the actual loss; and         (2)    require a written response to the claim within 10 days.     (c)    (1)    The Commission:             (i)    shall review the claim and any response to it; and             (ii)    may investigate the claim.         (2)    On the basis of its review and any investigation, the Commission may:             (i)    set the matter for a hearing;             (ii)    dismiss the claim, if the claim is frivolous, legally insufficient, or made in bad faith; or             (iii)    issue a proposed order to pay all or part of the claim or deny the claim if the total claim against a particular contractor does not exceed $7,500.     (d)    (1)    The Commission shall send the proposed order to the claimant and the contractor, at the most recent address on record with the Commission, by:             (i)    personal delivery; or             (ii)    both regular mail and certified mail, return receipt requested.         (2)    Within 21 days after service, receipt, or attempted delivery of the proposed order, the claimant or contractor may submit to the Commission:             (i)    a written request for a hearing before the Commission; or             (ii)    a written exception to the proposed order.         (3)    If the claimant or contractor submits a timely exception to the proposed order, the Commission may:             (i)    issue a revised proposed order;             (ii)    set a hearing on the claim; or             (iii)    dismiss the claim.         (4)    Unless the claimant or contractor submits a timely request for a hearing or a timely exception, the proposed order is final.     (e)    (1)    At a hearing on a claim, the claimant has the burden of proof.         (2)    If a subcontractor or salesperson is necessary to adjudicate a claim fairly, the Commission shall issue a subpoena for that person to appear at the hearing.

Md. Code, Bus. Reg. § 8-408

§8–408.     (a)    (1)    The Commission may join a proceeding on a claim against the Fund with a disciplinary proceeding against a licensed contractor under Subtitle 3 of this title, if the disciplinary hearing is based on the same facts alleged in the claim.         (2)    In a consolidated proceeding, the claimant is a party and may participate in the hearing to the extent necessary to establish the claim.     (b)    (1)    Notwithstanding § 8-402(2) of this subtitle, a claimant may not concurrently submit a claim to recover from the Fund and bring an action in a court of competent jurisdiction against a contractor based on the same facts alleged in the claim.         (2)    If the claimant brings an action in a court of competent jurisdiction based on the same facts alleged in a pending claim, the Commission shall stay its proceedings on the claim until there is a final judgment and all rights to appeal are exhausted.         (3)    (i)    To the extent that a final judgment or final award in arbitration is decided in favor of the claimant, the Commission shall approve the claim against the Fund.             (ii)    If a final judgment or final award in arbitration is decided in favor of the defendant, the Commission shall dismiss the claim against the Fund.

Md. Code, Bus. Reg. § 8-409

§8–409.     (a)    The Commission may order payment of a claim against the Fund only if:         (1)    the decision or order of the Commission is final in accordance with Title 10, Subtitle 2 of the State Government Article and all rights of appeal are exhausted; or         (2)    the claimant provides the Commission with a certified copy of a final judgment of a court of competent jurisdiction or a final award in arbitration, with all rights of appeal exhausted, in which the court or arbitrator:             (i)    expressly has found on the merits that the claimant is entitled to recover under § 8–405(a) of this subtitle; and             (ii)    has found the value of the actual loss.     (b)    (1)    Except as otherwise provided in this subsection, the Commission shall pay approved claims in the order submitted.         (2)    If approved claims submitted to the Commission against a contractor exceed $250,000 less the amount of unreimbursed claim payments previously made for the contractor, the Commission may pay the approved claims proportionately so that each claimant receives the same percentage payment of the claims.         (3)    After the Fund is reimbursed, the Commission shall pay unsatisfied approved claims.     (c)    If there is not enough money in the Fund to pay an approved claim wholly or partly, the Commission shall pay the unpaid claim:         (1)    when enough money is deposited in the Fund; and         (2)    in the order that each claim originally was filed with a court of competent jurisdiction or submitted to the Commission.

Md. Code, Bus. Reg. § 8-410

§8–410.     (a)    (1)    After the Commission pays a claim from the Fund:             (i)    the Commission is subrogated to all rights of the claimant in the claim up to the amount paid;             (ii)    the claimant shall assign to the Commission all rights of the claimant in the claim up to the amount paid; and             (iii)    the Commission has a right to reimbursement of the Fund by the contractor who the Commission finds responsible for the act or omission giving rise to the claim for:                 1.    the amount paid from the Fund; and                 2.    interest on that amount at an annual rate of at least 10%, as set by the Commission.         (2)    All money that the Commission recovers on a claim shall be deposited in the Fund.     (b)    If, within 60 days after the Commission gives notice, a contractor on whose account a claim was paid does not reimburse the Fund in full, the Commission may sue the contractor in a court of competent jurisdiction for the unreimbursed amount.     (c)    The Commission is entitled to a judgment for the unreimbursed amount if the Commission proves that:         (1)    a claim was paid from the Fund on account of the contractor;         (2)    the contractor has not reimbursed the Fund in full;         (3)    the contractor was given notice and an opportunity to participate in a hearing on the claim before the Commission; and         (4)    (i)    the Commission directed payment based on a final judgment of a court of competent jurisdiction or a final award in arbitration; or             (ii)    the decision or order of the Commission is final in accordance with Title 10, Subtitle 2 of the State Government Article and there is no pending appeal.     (d)    The Commission may refer to the Central Collection Unit for collection under §§ 13–912 through 13–919 of the Tax – General Article a debt owed to the Commission by a contractor on whose account a claim was paid from the Fund and who is at least 1 year behind in reimbursement payments to the Fund.     (e)    For the purpose of excepting to a discharge of a contractor under federal bankruptcy law, the Commission is a creditor of the contractor for the amount paid from the Fund.     (f)    (1)    (i)    If a person liable for reimbursing the Guaranty Fund under this section receives a demand for reimbursement and fails to reimburse the Fund, the reimbursement amount and any accrued interest or cost are a lien in favor of the State on any real property of the person if the lien is recorded and indexed as provided in this subsection.             (ii)    Interest shall continue at the rate of interest on a judgment as provided in § 11–107(a) of the Courts Article until the full amount due the Fund is paid.         (2)    The lien in favor of the State created by this subsection may not attach to specific property until the State Central Collection Unit records written notice of the lien in the office of the clerk of the court for the county in which the property subject to the lien or any part of the property is located.         (3)    The lien in favor of the State created by this subsection does not have priority as to any specific property over any person who is a lienholder of record at the time the notice required under paragraph (2) of this subsection is recorded.         (4)    The notice required under paragraph (2) of this subsection shall contain:             (i)    the name and address of the person against whose property the lien exists;             (ii)    the amount of the lien;             (iii)    a description of or reference to the property subject to the lien; and             (iv)    the date the Guaranty Fund paid the claim giving rise to the lien.         (5)    Upon presentation of a release of any lien in favor of the State created by this subsection, the clerk of the court in which the lien is recorded and indexed shall record and index the release and shall note in the lien docket the date the release is filed and the fact that the lien is released.         (6)    The notice required under paragraph (2) of this subsection and any release filed under paragraph (5) of this subsection shall be indexed with the judgment lien records maintained by the office of the clerk of the court where the notice is recorded.         (7)    The clerk may collect a reasonable fee for recording and indexing each notice of lien or release of any lien under this subsection.

Md. Code, Bus. Reg. § 8-411

§8–411.     (a)    Except as provided in subsection (b) of this section, if the Commission pays a claim against the Fund based on an act or omission of a contractor, the Commission may suspend the contractor license until the contractor reimburses the Fund in full for:         (1)    the amount paid from the Fund; and         (2)    interest on that amount at an annual rate of at least 10%, as set by the Commission.     (b)    The Commission may not suspend the contractor license if the Commission finds that the contractor or management personnel of the contractor:         (1)    did not know of the wrongful conduct; or         (2)    could not prevent the violation.     (c)    Reimbursement of the Fund in full by a contractor, by itself, does not nullify or modify the effect of a disciplinary proceeding against a licensee.

Md. Code, Bus. Reg. § 8-501

§8–501.     (a)    A home improvement contract that does not comply with this section is not invalid merely because of noncompliance.     (b)    Each home improvement contract shall:         (1)    be in writing and legible;         (2)    describe clearly each document that it incorporates; and         (3)    be signed by each party to the home improvement contract.     (c)    (1)    In addition to any other matters on which the parties lawfully agree, each home improvement contract shall contain:             (i)    the name, address, telephone number, and license number of the contractor;             (ii)    the name and license number of each salesperson who solicited the home improvement contract or sold the home improvement;             (iii)    the approximate dates when the performance of the home improvement will begin and when it will be substantially completed;             (iv)    a description of the home improvement to be performed and the materials to be used;             (v)    the agreed consideration;             (vi)    the number of monthly payments and the amount of each payment, including any finance charge;             (vii)    a description of any collateral security for the obligation of the owner under the home improvement contract;             (viii)    a notice that gives the telephone number and Web site of the Commission and states that:                 1.    each contractor must be licensed by the Commission; and                 2.    anyone may ask the Commission about a contractor; and             (ix)    a notice set by the Commission by regulation that:                 1.    specifies the protections available to consumers through the Commission; and                 2.    advises the consumer of the right to purchase a performance bond for additional protection against loss.         (2)    If payment for work performed under the home improvement contract will be secured by an interest in residential real estate, a written notice in not smaller than 10 point bold type that is on the first page of the contract shall state in substantially the following form: “This contract creates a mortgage or lien against your property to secure payment and may cause a loss of your property if you fail to pay the amount agreed upon. You have the right to consult an attorney. You have the right to rescind this contract within 3 business days after the date you sign it by notifying the contractor in writing that you are rescinding the contract.”         (3)    The notice under paragraph (2) of this subsection shall be independently initialed by the homeowner.     (d)    Before the performance of a home improvement begins, the owner shall be given a copy of the home improvement contract signed by the contractor.     (e)    A salesperson or other agent or employee of a contractor may not make a change in a home improvement contract for an owner.     (f)    (1)    Except as provided in paragraph (2) of this subsection, a home improvement contract for the installation of a solar energy generating system on the roof of a building shall include the installation of a barrier that meets industry standards to prevent wildlife intrusion and damage to the solar energy generating system or the underlying roof.         (2)    A home improvement contract for the installation of a solar energy generating system on the roof of a building is not required to include the installation of a barrier as specified under paragraph (1) of this subsection if the customer has waived the installation of the barrier after being informed of the cost of the barrier and the risks of not installing a wildlife barrier.

Md. Code, Bus. Reg. § 8-502

§8–502.     (a)    A salesperson may not:         (1)    represent concurrently more than 1 contractor in selling a home improvement;         (2)    use a home improvement contract form that does not disclose the name of the contractor; or         (3)    choose a contractor for an owner.     (b)    For selling a home improvement, a salesperson shall:         (1)    accept compensation only from the contractor that the salesperson represents in the sale; and         (2)    pay compensation only for that contractor.

Md. Code, Bus. Reg. § 8-503

§8–503.     (a)    As an inducement to make a home improvement contract, a person may not promise or offer to pay to an owner any compensation or reward for obtaining or placing home improvement business with others.     (b)    A contractor or salesperson may not offer, give, or pay to an owner a gift, bonus award, merchandise, trading stamps, or cash loan as an inducement to make a home improvement contract.     (c)    To advertise or to promote sales, a contractor or salesperson may give to a prospective customer a tangible item if:         (1)    the cost to the contractor or salesperson does not exceed $25;         (2)    the gift is not contingent on making a home improvement contract; and         (3)    the customer does not receive more than 1 item for 1 transaction.

Md. Code, Bus. Reg. § 8-505

§8–505.     (a)    In this section, “building code” includes a code that deals with mechanical, electrical, fire, plumbing, energy, heating, ventilation, or air conditioning matters.     (b)    A county or municipal corporation shall notify the Commission of each contractor who fails to correct a violation of the applicable local or State building code within a reasonable time after the contractor receives notice of the violation.

Md. Code, Bus. Reg. § 8-506

§8–506.     (a)    In this section, “critical area” has the meaning designated under § 8–1802 of the Natural Resources Article.     (b)    The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, as established under Title 8, Subtitle 18 of the Natural Resources Article, shall notify the Commission of any contractor who, in the critical area, fails to comply with:         (1)    the terms of a State or local permit, license, or approval issued for home improvement; or         (2)    any State or local law, approved plan, or other legal requirement.

Md. Code, Bus. Reg. § 8-601

§8–601.     (a)    Except as otherwise provided in this title, a person may not act or offer to act as a contractor in the State unless the person has a contractor license.     (b)    Except as otherwise provided in this title, a person may not sell or offer to sell a home improvement in the State unless the person has a contractor license or salesperson license.     (c)    A person who violates this section is guilty of a misdemeanor and, on first conviction, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both and, on a second or subsequent conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding 2 years or both.

Md. Code, Bus. Reg. § 9A-101

§9A–101.     (a)    In this title the following words have the meanings indicated.     (b)    “Board” means the State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors.     (c)    “Contractor” means a heating, ventilation, air-conditioning, and refrigeration contractor.     (d)    (1)    “Cooling system” means a system in which heat is removed from air, surrounding surfaces, or both.         (2)    “Cooling system” includes an air-conditioning system.     (e)    “Forced air system” means a heating system that uses air being moved by mechanical means to transmit heat.     (f)    (1)    “Heating system” means a system in which heat is transmitted by radiation, conduction, or convection, or a combination of any of these methods, to the air, surrounding surfaces, or both.         (2)    “Heating system” does not include a fireplace or woodburning stove not incorporated into or used as a primary heating system.     (g)    “Heating, ventilation, air-conditioning, and refrigeration contractor” means an individual who provides heating, ventilation, air-conditioning, or refrigeration services.     (h)    “Hydronic system” means a heating and cooling system using liquids or steam to transmit or remove heat.     (i)    “Independent agency” means an office, commission, board, department, or agency established as an independent unit of government that may receive budgetary or administrative support from the federal, State, or local government.     (j)    “Journeyman license” means a license issued by the Board to provide heating, ventilation, air-conditioning, and refrigeration services while under the direction and control of a licensed contractor.     (k)    “Journeyman restricted license” means a license issued by the Board to provide heating, ventilation, air-conditioning, and refrigeration services while under the direction and control of a licensed contractor, in only one of the following areas:         (1)    heating - forced air systems;         (2)    heating - hydronic systems;         (3)    ventilation;         (4)    air-conditioning; or         (5)    refrigeration.     (l)    (1)    “License” means, unless the context requires otherwise, a license issued by the Board to provide or to assist in providing heating, ventilation, air-conditioning, or refrigeration services.         (2)    “License” includes, unless the context requires otherwise:             (i)    a master license;             (ii)    a master restricted license;             (iii)    a limited license;             (iv)    a journeyman license;             (v)    a journeyman restricted license; and             (vi)    an apprentice license.     (m)    “Licensed apprentice” means an individual who is licensed by the Board to assist in providing heating, ventilation, air-conditioning, or refrigeration services while:         (1)    under the direction and control of a licensed contractor; and         (2)    in training to become a journeyman.     (n)    “Licensed contractor” means a contractor who is licensed by the Board to provide heating, ventilation, air-conditioning, or refrigeration services, but does not include a licensed apprentice or licensed journeyman.     (o)    “Limited license” means a license issued by the Board exclusively to maintain or repair one or more of the following: heating systems, cooling systems, refrigeration systems, ventilation systems, or hydronic systems.     (p)    “Master license” means a license issued by the Board to provide heating, ventilation, air-conditioning, or refrigeration services.     (q)    “Master restricted license” means a license issued by the Board to provide services in only one of the following areas:         (1)    heating - forced air systems;         (2)    heating - hydronic systems;         (3)    ventilation;         (4)    air-conditioning; or         (5)    refrigeration.     (r)    “Provide heating, ventilation, air-conditioning, or refrigeration services” means to install, maintain, alter, remodel, or repair heating systems, cooling systems, refrigeration systems, ventilation systems, or hydronic systems.     (s)    “Refrigeration system” means a system used to cool a surface or area below 55 degrees Fahrenheit or 12.9 degrees Celsius.     (t)    “Self-contained appliance” means a heating, ventilation, air-conditioning, or refrigeration device that is designed and manufactured:         (1)    with its component parts contained within a single chassis;         (2)    with a standard factory-installed electrical line cord that requires a plug-in device;         (3)    with no additional external fuel source; and         (4)    independent of an air distribution system.     (u)    “Subdivision of the State” means any of the 23 counties in Maryland, the City of Baltimore, and any municipal corporation.     (v)    “Ventilation system” means the natural or mechanical process of supplying air to, or removing air from, any space:         (1)    whether the air is conditioned or is not conditioned; and         (2)    at a rate of airflow of more than 250 cubic feet per minute.

Md. Code, Bus. Reg. § 9A-202

§9A–202.     (a)    (1)    The Board consists of 9 members.         (2)    Of the 9 Board members:             (i)    5 shall be master heating, ventilation, air–conditioning, and refrigeration contractors licensed in the State, a subdivision of the State, or another state provided that state has licensing requirements equivalent to the licensing requirements of this title;             (ii)    1 shall be a master electrician;             (iii)    1 shall be a master plumber; and             (iv)    2 shall be consumer members.         (3)    The Governor shall appoint the members of the Board with the advice of the Secretary and with the advice and consent of the Senate.     (b)    Except for the initial members of the Board, of the members appointed under subsection (a)(2)(i), (ii), and (iii) of this section:         (1)    1 shall be from the area that consists of Caroline, Dorchester, Kent, Queen Anne’s, Somerset, Talbot, Wicomico, and Worcester counties;         (2)    1 shall be from the area that consists of Baltimore City, and Baltimore, Cecil, and Harford counties;         (3)    1 shall be from the area that consists of Anne Arundel, Calvert, Charles, and St. Mary’s counties;         (4)    1 shall be from the area that consists of Howard, Montgomery, and Prince George’s counties; and         (5)    1 shall be from the area that consists of Allegany, Carroll, Frederick, Garrett, and Washington counties.     (c)    Each member of the Board shall be:         (1)    a citizen of the United States; and         (2)    a resident of the State.     (d)    (1)    Each member appointed under subsection (a)(2)(i), (ii), and (iii) of this section:             (i)    shall be an active contractor;             (ii)    shall hold a current active license under this title or under a licensing program in a subdivision of the State; and             (iii)    shall have provided services as a contractor for not less than 5 consecutive years immediately prior to the date of appointment.         (2)    The master electrician member of the Board:             (i)    shall be actively engaged in the electrical contracting business as a master electrician;             (ii)    shall hold a current active license under this article; and             (iii)    shall have been engaged in business as a master electrician for not less than 5 consecutive years immediately prior to the date of appointment.         (3)    The master plumber member of the Board:             (i)    shall be actively engaged in the plumbing contracting business as a master plumber;             (ii)    shall hold a current active license under this article; and             (iii)    shall have been engaged in business as a master plumber for not less than 5 consecutive years immediately prior to the date of appointment.     (e)    Each consumer member of the Board:         (1)    shall be a member of the general public;         (2)    may not be a licensee or otherwise be subject to the regulation of the Board; and         (3)    may not have had within 1 year before appointment a financial interest in or have received compensation from a person regulated by the Board.     (f)    Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.     (g)    (1)    The term of a member is 3 years.         (2)    The terms of members are staggered as required by the terms provided for members of the Board on January 1, 1993.         (3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.         (4)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.         (5)    Board members are eligible for reappointment, but may not serve more than 2 consecutive terms.     (h)    (1)    The Governor may remove a member for incompetence or misconduct.         (2)    Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned if the member did not attend at least two–thirds of the Board meetings held during any consecutive 12–month period while the member was serving on the Board.         (3)    The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.         (4)    In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.

Md. Code, Bus. Reg. § 9A-302

§9A–302.     (a)    To qualify for an apprentice, journeyman, journeyman restricted, master, master restricted, or limited license, an applicant shall meet the requirements of this section.     (b)    An applicant for a master heating, ventilation, air-conditioning, and refrigeration contractor license shall:         (1)    have been regularly and principally employed in providing heating, ventilation, air-conditioning, or refrigeration services under a journeyman, journeyman restricted, limited, or master restricted license for not less than 3 years of active experience under the direction and control of a master heating, ventilation, air-conditioning, and refrigeration contractor and have been so employed for not less than 1,875 hours in the year prior to application; and         (2)    pass an examination administered by the Board.     (c)    An applicant for a master restricted heating, ventilation, air-conditioning, and refrigeration contractor license shall:         (1)    have been regularly and principally employed in providing refrigeration, air-conditioning, forced air heating, hydronic heating, or ventilation services under a journeyman, journeyman restricted, limited, or master restricted license for not less than 3 years of active experience under the direction and control of a master or master restricted heating, ventilation, air-conditioning, and refrigeration contractor and have been so employed for not less than 1,875 hours in the year prior to application; and         (2)    pass an examination administered by the Board.     (d)    An applicant for a limited heating, ventilation, air-conditioning, and refrigeration license shall:         (1)    have been regularly and principally employed in providing forced air heating, hydronic heating, ventilation, air-conditioning, or refrigeration services under a journeyman license for not less than 2 years of active experience under the direction and control of the holder of a master, master restricted, or limited license under this title, and have been so employed for not less than 1,000 hours in the year prior to application; and         (2)    pass an examination administered by the Board.     (e)    An applicant for a journeyman license shall:         (1)    have held, for a period of at least 4 years, an apprentice license, and during that period shall have completed at least 6,000 hours of training in providing heating, ventilation, air–conditioning, and refrigeration services under the direction and control of a licensed contractor; and         (2)    pass an examination administered by the Board.     (f)    An applicant for a journeyman restricted license shall:         (1)    have held, for a period of at least 3 years, an apprentice license, and during that period shall have completed at least 1,875 hours of training in providing forced air heating, hydronic heating, ventilation, air-conditioning, or refrigeration services under the direction and control of a licensed contractor; and         (2)    pass an examination administered by the Board.     (g)    (1)    The Board may credit not more than 3 years of formal course of study or professional training in heating, ventilation, air-conditioning, or refrigeration services if, in the opinion of the Board, the study or training provided comparable experience.         (2)    The Board may credit not more than 6 years of work experience in heating, ventilation, air-conditioning, or refrigeration services that fails to meet the requirements of subsection (b)(1), (c)(1), (d)(1), (e)(1), or (f)(1) of this section if, in the opinion of the Board:             (i)    the work provided comparable experience; and             (ii)    the failure of the applicant to meet the requirements is not attributable to fault or neglect on the part of the applicant.         (3)    The Board shall credit not more than 3 years of work experience in heating, ventilation, air-conditioning, or refrigeration services to any applicant under this section who has been teaching formal courses of study in heating, ventilation, air-conditioning, or refrigeration services for purposes of satisfying the requirements of subsections (b)(1), (c)(1), (d)(1), (e)(1), or (f)(1) of this section.

Md. Code, Bus. Reg. § 9A-304

§9A–304.     (a)    An applicant who otherwise qualifies for a license is entitled to be examined as provided in this section.     (b)    The Board shall offer examinations to applicants at least twice annually, at places within the State and at times that the Board determines.     (c)    The Board shall mail or electronically transmit written notice of the date, hour, and place of examination to each applicant for a license who is required to pass the examination.     (d)    (1)    The Board shall determine the subjects, scope, and form of and the passing score for examinations given under this title.         (2)    The Board shall provide examination questions that test the competency and qualifications of the applicant.     (e)    An applicant for a master restricted, journeyman restricted, or limited heating, ventilation, air-conditioning, and refrigeration contractor license shall be examined only on subjects in which the applicant has the experience required under § 9A-302 of this subtitle.     (f)    To take an examination, an applicant shall pay to the Board or a testing service chosen by the Board the examination fee set by the Board in an amount not to exceed the cost of the examination.     (g)    (1)    The Board may use a testing service to administer the examinations given under this title.         (2)    If the Board uses a testing service, the testing service, subject to requirements set by the Board, may:             (i)    set the time and place of examinations;             (ii)    give qualified applicants notice of the time and place of examinations; and             (iii)    furnish any other information that the Board may require the testing service to provide.

Md. Code, Bus. Reg. § 9A-305

§9A–305.     (a)    Subject to the limitations in subsections (b) and (c) of this section, on the affirmative vote of at least a majority of the authorized membership of the Board, the Board may waive the examination requirements of this title for an individual who is licensed in another state to provide heating, ventilation, air–conditioning, or refrigeration services as a journeyman, journeyman restricted, master, master restricted, or limited heating, ventilation, air–conditioning, and refrigeration contractor.     (b)    The Board may grant a waiver under this section only if the applicant:         (1)    pays the appropriate application fee required by § 9A–207 of this title; and         (2)    provides adequate evidence that the applicant:             (i)    meets the qualifications otherwise required by this title;             (ii)    holds an active license in good standing in the other state;             (iii)    holds a license that is equivalent to the State license; and             (iv)    became licensed in the other state after meeting, in that state, requirements that are at least equivalent to the licensing requirements of this State, including the number of years of work experience equivalent to the experience required under § 9A–302(b), (c), and (d) of this subtitle.     (c)    The Board may grant a waiver only if the state in which the applicant is licensed waives the examination of licensees of this State to a similar extent as this State waives the examination requirements for individuals licensed in that state.     (d)    (1)    In this subsection, “BRAC” means the Base Realignment and Closure process as announced by the United States Department of Defense.         (2)    Notwithstanding the provisions of subsections (a), (b), and (c) of this section, the Board shall grant a waiver to an applicant who files a request before July 1, 2012, if the applicant:             (i)    pays the appropriate application fee required under § 9A–207 of this title;             (ii)    holds an active Virginia license in good standing that is equivalent to the State license;             (iii)    has experience in the provision of heating, ventilation, air–conditioning, or refrigeration services that meets the time requirements of § 9A–302 of this subtitle; and             (iv)    has relocated to the State as a family member of a BRAC employee.

Md. Code, Bus. Reg. § 9A-306

§9A–306.     (a)    The Board shall issue without examination a master, master restricted, or limited heating, ventilation, air-conditioning, and refrigeration contractor license to any licensee holding a current, active or inactive master, master restricted, or limited heating, ventilation, air-conditioning, and refrigeration contractor license, or a similar license issued by a subdivision of the State, if the licensee:         (1)    files an application for a license under this title by 1 year after the date that the members of the Board are appointed; and         (2)    submits with the application the prescribed fee and proof of eligibility required by the Board.     (b)    The Board shall issue without examination a master, master restricted, or limited heating, ventilation, air-conditioning, and refrigeration contractor license, whether a subdivision of the State requires a local license or not, to an individual who:         (1)    has lawfully provided heating, ventilation, air-conditioning, or refrigeration services in a subdivision of the State for at least 5 years immediately prior to 1 year after the date the members of the Board are appointed;         (2)    files an application for a license under this title prior to 1 year after the date the members of the Board are appointed; and         (3)    submits with the application the prescribed fee and proof of eligibility required by the Board.     (c)    The Board shall issue without examination a journeyman license to an individual holding a current, active or inactive, journeyman license, or a similar license issued by a subdivision of the State, if the individual:         (1)    files an application for a license under this title prior to December 31, 1994; and         (2)    submits with the application the prescribed fee and proof of eligibility required by the Board.     (d)    The Board shall issue without examination a journeyman license, whether a subdivision of the State requires a local license or not, to an individual who:         (1)    has lawfully provided heating, ventilation, air-conditioning, or refrigeration services in a subdivision of the State:             (i)    under the direction and control of one or more individuals who meet the requirements for a master license under subsection (a) or (b) of this section; and             (ii)    for at least 3 years prior to December 31, 1994;         (2)    holds an apprentice license at the time of the application;         (3)    files an application for a license under this title prior to December 31, 1994; and         (4)    submits with the application the prescribed fee and proof of eligibility required by the Board.     (e)    (1)    The Board shall issue without examination a journeyman license to an individual who has successfully completed an apprentice program in heating, ventilation, air-conditioning, and refrigeration approved by the Apprenticeship and Training Council.         (2)    The Board shall issue without examination a journeyman restricted license to an individual who has successfully completed an apprentice program in heating, ventilation, air-conditioning, or refrigeration approved by the Apprenticeship and Training Council.     (f)    (1)    All applicants for a master, master restricted, or limited heating, ventilation, air-conditioning, and refrigeration contractor license on or after 1 year after the date the members of the Board are appointed shall submit to examination under this title.         (2)    The application shall include all information required by the Board regarding proof of eligibility.     (g)    (1)    Except as provided in subsection (e) of this section, all applicants for a journeyman license on or after January 1, 1995 shall submit to examination under this title.         (2)    The application shall include all information required by the Board regarding proof of eligibility.     (h)    An applicant who qualifies for a license under subsection (a) or (b) of this section but fails to apply for the license within the 1-year period:         (1)    may take an examination under this title to be licensed;         (2)    may not be required to obtain a journeyman license or an apprentice license; and         (3)    may provide services as a master, master restricted, or limited license holder after obtaining the appropriate license.     (i)    An individual who holds a limited license or a master restricted license issued under subsection (a) or (b) of this section may take an examination administered by the Board to qualify for a master license or an additional master restricted license without meeting the requirements of § 9A-302 of this subtitle, if the individual:         (1)    submits to the Board on or before December 31, 1996 an application on the form that the Board provides; and         (2)    pays to the Board an application fee established by the Board.

Md. Code, Bus. Reg. § 9A-308

§9A–308.     (a)    If an applicant passes the examination required by the Board and otherwise qualifies for a master, master restricted, or limited heating, ventilation, air-conditioning, and refrigeration contractor license under this title, the Board shall send the applicant a notice that states:         (1)    the applicant has qualified for the license; and         (2)    the Board will issue the license to an applicant on receipt of:             (i)    proof of insurance as required under § 9A-402 of this title; and             (ii)    a license fee established by the Board.     (b)    If an applicant passes the examination required by the Board and otherwise qualifies for a journeyman license or journeyman restricted license under this title, the Board shall send the applicant a notice that states:         (1)    the applicant has qualified for the license; and         (2)    the Board will issue the license to an applicant on receipt of a license fee established by the Board.

Md. Code, Bus. Reg. § 9A-309

§9A–309.     (a)    Unless the license is renewed for a 2-year term as provided in this section, a license expires on the first October 1 that comes:         (1)    after the effective date of the license; and         (2)    in an odd-numbered year.     (b)    Before the license expires, the licensee may renew it for an additional 2-year term, if the licensee:         (1)    otherwise is entitled to be granted a license;         (2)    pays to the Board a renewal fee established by the Board; and         (3)    submits:             (i)    proof of insurance as provided by § 9A-402 of this title; and             (ii)    a renewal application in the form that the Board provides.     (c)    The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.     (d)    (1)    At the time of renewal, a licensee who holds a valid heating, ventilation, air-conditioning, and refrigeration contractor license may apply to the Board for inactive status, during which time the licensee may not provide heating, ventilation, air-conditioning, or refrigeration services in the State.         (2)    If an individual wishes to renew a license on inactive status, the individual shall meet the requirements of subsection (b)(1), (2), and (3)(ii) of this section.         (3)    To return to active status the licensee must meet the renewal requirements of subsection (b) of this section.         (4)    Unless a licensee on inactive status renews the license as provided in this section, or reactivates the license as provided in this section, the license expires on the first October 1 that comes:             (i)    after the inactive status certificate has been issued to the licensee; and             (ii)    in an odd-numbered year.     (e)    (1)    If application for restoration is made within 4 years after expiration of a license, the license may be restored on payment of the required renewal or reinstatement fee.         (2)    If application for restoration is not made within the 4–year period, the Board may require compliance with the process for initial applications as if the applicant had never been licensed.     (f)    Except as provided in subsection (g) of this section, a license issued under this title is not transferable.     (g)    (1)    On the death of a licensed heating, ventilation, air-conditioning, and refrigeration contractor, the personal representative of the deceased licensee may retain the license for up to 6 months for the purpose of winding up the business.         (2)    In cases of extreme hardship, the Board may allow the personal representative to retain the license for an additional period not to exceed 24 months upon a good faith showing that the personal representative has:             (i)    acted diligently to conclude the business of the deceased licensee; and             (ii)    complied with the provisions of this title.     (h)    The Secretary may determine that licenses issued under this subtitle shall expire on a staggered basis.

Md. Code, Bus. Reg. § 9A-401

§9A–401.     (a)    Each licensed master, master restricted, or limited heating, ventilation, air–conditioning, and refrigeration contractor shall display:         (1)    the license and the license number conspicuously in the principal place of business of the licensee; and         (2)    the license number of the licensee on each vehicle used on the job for providing heating, ventilation, air–conditioning, or refrigeration services.     (b)    (1)    Except as provided in paragraph (2) of this subsection, a county or municipal corporation may not require a person licensed under this subtitle to display a county or municipal corporation certificate number on each vehicle used on the job for providing heating, ventilation, air–conditioning, and refrigeration services.         (2)    This subsection does not apply to Anne Arundel County.     (c)    Each licensee shall give the Board written notice of any change of name, address, or employment from that which appears on the current license, at least 10 working days before the change is to take effect.

Md. Code, Bus. Reg. § 9A-504

§9A–504.     Unless licensed to provide heating, ventilation, air-conditioning, or refrigeration services under this title, a person may not represent to the public by use of the titles “heating, ventilation, air-conditioning, and refrigeration license holder”, “registered heating, ventilation, air-conditioning, and refrigeration contractor”, by other title, or by description of services, methods, or procedures, or otherwise, that the person is licensed to provide or to assist in providing heating, ventilation, air-conditioning, or refrigeration services.

Md. Code § gag-6

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Article - Agriculture PreviousNext

§6–101. (a) In this subtitle the following words have the meanings indicated. (b) A commercial feed is “adulterated” if: (1) The feed contains any poisonous or deleterious substance that may render the feed injurious to human or animal health, except when the substance is not added to the feed and the quantity of the substance does not ordinarily render it injurious to human or animal health; (2) A valuable constituent is omitted or abstracted wholly or partially from it or any less valuable substance is substituted for it; (3) Its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling; (4) The feed contains any added poisonous, added deleterious, or added nonnutritive substance which is unsafe; (5) The feed consists, in whole or part, of any filthy, putrid, or decomposed substance, or is otherwise unfit for feed; or (6) The feed has been prepared, packed, or held under unsanitary conditions where the feed may have become contaminated with filth or rendered injurious to human or animal health. (c) “Brand” means the term, design, trademark, or other specific designation under which individual commercial feed is distributed in the State. (d) “Commercial feed” means a material or combination of materials distributed, or intended for distribution, for use as feed, or for mixing in feed for any animal other than man including feed prepared and distributed for consumption by dogs and cats, or any domesticated animal normally maintained in a cage or tank, including gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes, and turtles, except: (1) Unmixed whole seeds and physically altered entire unmixed seeds that are not chemically altered or adulterated; (2) Commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances when the commodities, compounds, or substances are not intermixed with other materials or adulterated; or (3) A material or combination of materials that is exempt from this definition in regulations adopted by the Secretary. (e) “Contract feed” means a commercial feed which is formulated according to an agreement between a distributor and a contract feeder. (f) “Contract feeder” means an independent contractor who feeds commercial feed to animals pursuant to a contract whereby commercial feed is supplied, furnished, or otherwise provided to him and his remuneration is determined wholly or partially by feed consumption, mortality, profits, amount, or quality of the product. (g) “Customer–formula feed” means a mixture of commercial feed, each batch of which is mixed according to the specific instructions of any distributee. (h) “Distribute” means to exchange, offer for sale, sell, or barter, supply, furnish, or provide commercial feed, customer–formula feed, or contract feed to a contract feeder, or otherwise to supply, furnish, or provide commercial feeds as part of a commercial enterprise. (i) “Feed ingredient” means each of the constituent materials making up a commercial feed. (j) “Label” means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed, customer–formula feed, or contract feed is distributed. (k) “Manufacture” means to grind, mix, or blend or further process a commercial feed. (l) A commercial feed is “misbranded” if: (1) Its labeling is false or misleading in any particular; (2) It is distributed under the name of another feed; (3) It is not labeled as required in §§ 6–109, 6–110, and 6–111 of this subtitle and in the departmental rules and regulations; (4) It purports to be or is represented as a feed ingredient, or if it purports to contain or is represented as containing a feed ingredient, unless the feed ingredient conforms to any definition of identity, prescribed by departmental rules and regulations, which shall give due regard to commonly accepted definitions, such as those issued by the Association of American Feed Control Officials, Inc.; or (5) Any word, statement, or other information, required to appear on the label or labeling, is not placed on it prominently and conspicuously, as compared with other words, statements, designs, or devices in the labeling, and it is not in terms that render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. (m) “Official sample” means any sample of feed taken and designated as “official” by the Secretary. (n) “Percent” or “percentage” means percentage by weight. (o) “Ton” means a net weight of two thousand pounds avoirdupois.PreviousNext

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§6–101. (a) In this title the following words have the meanings indicated. (b) “Associate solicitor” means a person who, for pay, solicits or receives charitable contributions for a professional solicitor. (c) (1) “Charitable contribution” means a contribution made on a representation that it will be used for a charitable purpose. (2) “Charitable contribution” includes the payment, transfer, or enforceable pledge of financial help, including money, credit, property, or services. (3) “Charitable contribution” does not include: (i) an unsolicited gift; (ii) a government grant or government money; (iii) membership assessments, dues, or fines; (iv) a payment for property sold or services rendered by a charitable organization, unless the property is sold or the services are rendered in connection with a charitable solicitation; (v) a public safety contribution as defined in subsection (j) of this section; and (vi) an authorization for or a discount on the use of services or materials, equipment, or facilities, including those relating to: 1. advertising; and 2. broadcast airtime, including public service announcements. (d) (1) “Charitable organization” means: (i) a person that: 1. is or holds itself out to be a benevolent, educational, eleemosynary, humane, patriotic, philanthropic, or religious organization; and 2. solicits or receives charitable contributions from the public; or (ii) an ambulance, fire fighting, fraternal, rescue, or police or other law enforcement organization when it solicits charitable contributions from the public. (2) “Charitable organization” includes an area, branch, chapter, office, or similar affiliate that solicits charitable contributions from the public within the State for a charitable organization that is organized or has its principal place of business outside the State. (3) “Charitable organization” does not include: (i) an agency of the State government or of a political subdivision; or (ii) a political club, committee, or party. (e) “Charitable representative” means a professional solicitor, associate solicitor, or fund-raising counsel. (f) (1) “Charitable solicitation” means an oral or written request for a charitable contribution, regardless of whether the person who makes the request receives the charitable contribution. (2) “Charitable solicitation” includes: (i) a fund-raising drive, event, campaign, or other activity; (ii) an announcement to the news media seeking charitable contributions; (iii) except as provided in § 6-621 of this title, the distribution of a written advertisement or other publication that, directly or implicitly, seeks charitable contributions; and (iv) the sale of, or offer or attempt to sell an admission, advertisement, advertising space, book card, chance, coupon, device, magazine, membership, merchandise, patron listing, subscription, tag, ticket, or other tangible item in connection with which: 1. an appeal is made for charitable contributions; 2. the name of a charitable organization is used expressly or implicitly to induce a purchase; or 3. a statement is made that some or all of the proceeds from the sale are to be used for a charitable purpose. (g) “Disclosure statement” means a written statement that includes the following information: (1) a statement that a copy of the current financial statement of the charitable organization is available on request; (2) the name of the charitable organization and the address and telephone number where requests for a copy of the financial statement should be directed; and (3) a statement that, for the cost of copies and postage, documents and information submitted under this title are available from the Secretary of State. (h) (1) “Fund–raising counsel” means a person who, for pay: (i) advises a charitable organization about a charitable solicitation in Maryland or holds, plans, or manages a charitable solicitation in Maryland; but (ii) does not directly solicit or receive charitable contributions from the public. (2) “Fund–raising counsel” does not include: (i) an attorney because of giving legal advice; (ii) an attorney, investment counselor, or banker because of advising a client or customer to contribute to a charitable organization; (iii) a salaried officer or employee of a charitable organization that keeps a permanent office in the State; (iv) a person who prepares a grant proposal for submission to a specific charitable organization, corporation, or foundation; or (v) a person who is engaged as an independent contractor directly by a charitable organization and who: 1. prints, reproduces, or distributes written materials prepared by a charitable organization or an employee of the charitable organization; 2. performs artistic or graphic services relating to written materials prepared by a charitable organization or an employee of the charitable organization; or 3. is regularly and primarily engaged in the planning and organizing of meetings, social events, or other similar activities, but who does not solicit charitable contributions as a part of the person’s services. (i) (1) “Professional solicitor” means a person who, for pay: (i) advises a charitable organization about a charitable solicitation; (ii) holds, plans, or manages a charitable solicitation; or (iii) solicits or receives charitable contributions for a charitable organization, personally or through an associate solicitor. (2) “Professional solicitor” does not include: (i) an attorney, investment counselor, or banker because of advising a client or customer to contribute to a charitable organization; (ii) a salaried officer or employee of a charitable organization that keeps a permanent office in the State; or (iii) a person who solicits, receives, or collects used personal property, including household goods, furniture, appliances, or clothing, if the property is displayed or resold to the public at a retail establishment. (j) “Public safety contribution” means a contribution made on a representation that it will be used for the purposes of a public safety organization. (k) “Public safety organization” means a person who is or purports to be a fire fighting, ambulance, rescue, police, fraternal, or other law enforcement organization. (l) (1) “Public safety solicitor” means a person who, for pay, solicits or receives public safety contributions, personally or through another. (2) “Public safety solicitor” does not include: (i) an attorney, investment counselor, or banker because of advising a client or customer to make a public safety contribution; or (ii) an individual who is a member, salaried officer, or employee of a public safety organization that is affiliated with a State or local agency and keeps a permanent office in the State.PreviousNext

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§8–101. (a) In this title the following words have the meanings indicated. (b) “Commission” means the Maryland Home Improvement Commission. (c) “Contractor” means a person, other than an employee of an owner, who performs or offers or agrees to perform a home improvement for an owner. (d) “Contractor license” means a license issued by the Commission to act as a contractor. (e) “Fund” means the Home Improvement Guaranty Fund. (f) “Hearing board” means a home improvement hearing board appointed by the Commission under § 8-313 of this title. (g) (1) “Home improvement” means: (i) the addition to or alteration, conversion, improvement, modernization, remodeling, repair, or replacement of a building or part of a building that is used or designed to be used as a residence or dwelling place or a structure adjacent to that building; or (ii) an improvement to land adjacent to the building. (2) “Home improvement” includes: (i) construction, improvement, or replacement, on land adjacent to the building, of a driveway, fall–out shelter, fence, garage, landscaping, deck, pier, porch, or swimming pool; (ii) a shore erosion control project, as defined under § 8–1001 of the Natural Resources Article, for a residential property; (iii) connection, installation, or replacement, in the building or structure, of a dishwasher, disposal, or refrigerator with an icemaker to existing exposed household plumbing lines; (iv) installation, in the building or structure, of an awning, fire alarm, or storm window; and (v) work done on individual condominium units. (3) “Home improvement” does not include: (i) construction of a new home; (ii) work done to comply with a guarantee of completion for a new building project; (iii) connection, installation, or replacement of an appliance to existing exposed plumbing lines that requires alteration of the plumbing lines; (iv) sale of materials, if the seller does not arrange to perform or does not perform directly or indirectly any work in connection with the installation or application of the materials; (v) work done on apartment buildings that contain four or more single–family units; or (vi) work done on the commonly owned areas of condominiums. (h) “Home improvement contract” means an oral or written agreement between a contractor and owner for the contractor to perform a home improvement. (i) (1) “License” means, except where it refers to a license other than one issued under this title, a license issued by the Commission. (2) “License” includes: (i) a contractor license; and (ii) a salesperson license. (j) “Licensed contractor” means a person who is licensed by the Commission to act as a contractor. (k) “Owner” includes a homeowner, tenant, or other person who buys, contracts for, orders, or is entitled to a home improvement. (l) “Salesperson” means a person who sells a home improvement. (m) “Salesperson license” means a license issued by the Commission to sell a home improvement. (n) “Sell a home improvement” means: (1) to negotiate or offer to negotiate a home improvement contract with an owner; or (2) to seek to get a home improvement contract from an owner. (o) “Subcontractor” means a person, other than a laborer or supplier of materials, who makes an oral or written agreement with: (1) a contractor to perform all or part of a home improvement contract; or (2) another subcontractor to perform all or part of a subcontract to a home improvement contract.PreviousNext

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§16–101. (a) In this title the following words have the meanings indicated. (b) “Board” means the Board of Public Works. (c) “County” includes Baltimore City unless otherwise indicated. (d) “Department” means the Department of the Environment. (e) “Dredging” means the removal or displacement by any means of soil, sand, gravel, shells, or other material, whether or not of intrinsic value, from any State or private wetlands. (f) (1) “Filling” means: (i) The displacement of navigable water by the depositing into State or private wetlands of soil, sand, gravel, shells, or other materials; or (ii) The artificial alteration of navigable water levels by any physical structure, drainage ditch, or otherwise. (2) “Filling” includes storm drain projects which flow directly into tidal waters of the State. (3) “Filling” does not include: (i) Drainage of agricultural land; (ii) In–place replacement or repair of shore erosion control structures using substantially similar materials and construction design; or (iii) Planting of wetlands vegetation when no grading or fill in State or private wetlands is necessary. (g) “Landward boundary of wetlands” means the common boundary between wetlands, as defined in this section, and lands not included within the definitions of wetlands appearing in this section. (h) “Licensed marine contractor” has the meaning stated in Title 17, Subtitle 3 of this article. (i) (1) “Nonwater–dependent project” means a temporary or permanent structure that, by reason of its intrinsic nature, use, or operation, does not require location in, on, or over State or private wetlands. (2) “Nonwater–dependent project” includes: (i) A dwelling unit on a pier; (ii) A restaurant, a shop, an office, or any other commercial building or use on a pier; (iii) A temporary or permanent roof or covering on a pier; (iv) A pier used to support a nonwater–dependent use; and (v) A small–scale renewable energy system on a pier, including: 1. A solar energy system and its photovoltaic cells, solar panels, or other necessary equipment; 2. A geothermal energy system and its geothermal heat exchanger or other necessary equipment; and 3. A wind energy system and its wind turbine, tower, base, or other necessary equipment. (3) “Nonwater–dependent project” does not include: (i) A fuel pump or other fuel–dispensing equipment on a pier; (ii) A sanitary sewage pump or other wastewater removal equipment on a pier; (iii) A pump, a pipe, or any other equipment attached to a pier and associated with a shellfish nursery operation under a permit issued by the Department of Natural Resources under § 4–11A–23 of the Natural Resources Article; or (iv) An office on a pier for managing marina operations, including monitoring vessel traffic, registering vessels, providing docking services, and housing electrical or emergency equipment related to marina operations. (j) “Person” means any natural person, partnership, joint–stock company, unincorporated association or society, the federal government, the State, any unit of the State, a political subdivision, or other corporation of any type. (k) (1) “Pier” means any pier, wharf, dock, walkway, bulkhead, breakwater, piles, or other similar structure. (2) “Pier” does not include any structure on pilings or stilts that was originally constructed beyond the landward boundaries of State or private wetlands. (l) (1) “Private wetlands” means any land not considered “State wetland” bordering on or lying beneath tidal waters, which is subject to regular or periodic tidal action and supports aquatic growth. (2) “Private wetlands” includes wetlands, transferred by the State by a valid grant, lease, patent, or grant confirmed by Article 5 of the Maryland Declaration of Rights, to the extent of the interest transferred. (m) (1) “Public notice” means the public notice and public informational hearing procedures established in § 5–204(b) through (e) of this article. (2) “Public notice” does not mean notice as provided for in § 16–303 of this title. (n) “Regular or periodic tidal action” means the rise and fall of the sea produced by the attraction of the sun and moon uninfluenced by wind or any other circumstance. (o) “Secretary” means the Secretary of the Environment. (p) “State wetlands” means any land under the navigable waters of the State below the mean high tide, affected by the regular rise and fall of the tide. Wetlands of this category which have been transferred by the State by valid grant, lease, patent, or grant confirmed by Article 5 of the Maryland Declaration of Rights shall be considered “private wetland” to the extent of the interest transferred.PreviousNext

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§17–101. (a) In this title the following words have the meanings indicated. (b) “Board” means the Marine Contractors Licensing Board. (c) “Entity” means a business with its principal office in the State that employs more than one individual to provide marine contractor services in the State. (d) “License” means a professional license issued by the Board to an individual or entity to perform marine contractor services in the State. (e) “Licensed marine contractor” means an individual or entity that has received a license from the Board to perform marine contractor services. (f) (1) “Marine contractor services” means construction, demolition, installation, alteration, repair, or salvage activities located in, on, or under State or private tidal wetlands. (2) “Marine contractor services” includes: (i) Dredging and filling; (ii) The construction, demolition, installation, alteration, repair, or salvage of structures, including boathouses, boat or other personal watercraft lifts or ramps, slips, docks, floating platforms, moorings, piers, pier access structures, pilings, wetland observation platforms, wetland walkways, and wharfs; and (iii) The construction, demolition, installation, alteration, repair, or salvage of stabilization and erosion control measures, including revetments, breakwaters, bulkheads, groins, jetties, stone sills, marsh establishments, and beach nourishment or other similar projects.PreviousNext

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§8–101. (a) In this title the following words have the meanings indicated. (b) (1) “Claim” means a request or demand, under a contract or otherwise, for money or other property, whether or not the governmental entity has title to the money or property, that is: (i) presented to an officer, employee, or agent of a governmental entity; or (ii) made to a contractor, a grantee, or another recipient, if the money or other property is to be spent or used on a governmental entity’s behalf or to advance an interest of a governmental entity, and the governmental entity: 1. provides or has provided any portion of the money or other property requested or demanded; or 2. will reimburse the contractor, grantee, or other recipient for any portion of the money or other property that is requested or demanded. (2) “Claim” does not include requests or demands for money or other property that a governmental entity has paid to an individual as compensation for employment or as an income subsidy with no restrictions on that individual’s use of the money or other property. (c) “Employee” means an individual who performs services: (1) for and under the control and direction of an employer; and (2) under an employer’s promise or implied promise of payment of wages or other remuneration. (d) “Employer” means a person or group of persons that, acting directly or indirectly on behalf of another person or group of persons: (1) allows an employee to perform services under the employer’s control and direction; and (2) promises or implies that the employee will receive wages or other remuneration in payment for the performance of those services. (e) “Governmental entity” means: (1) the State; (2) a county; or (3) a municipal corporation. (f) (1) “Knowing” or “knowingly” means, with respect to information and without requiring proof of specific intent to defraud, that a person: (i) has actual knowledge that the information is false; (ii) acts in deliberate ignorance of the truth or falsity of the information; or (iii) acts in reckless disregard of the truth or falsity of the information. (2) “Knowing” or “knowingly” does not mean, with respect to information, that a person acts in a manner that constitutes a mistake or negligence. (g) “Material” means having a natural tendency to influence or be capable of influencing the payment or receipt of money or other property. (h) “Obligation” means an established duty, whether or not fixed, arising from: (1) an express or implied: (i) contractual relationship; (ii) grantor–grantee relationship; or (iii) licensor–licensee relationship; (2) a fee–based or similar relationship; (3) statute or regulation; or (4) the retention of an overpayment. (i) “Public body” means: (1) the General Assembly or any other elected body; (2) a member or an employee of the General Assembly or any other elected body; (3) a State court; (4) a member or an employee of a State court; (5) a State or local regulatory, administrative, or public agency or authority; (6) an instrumentality of a State or local regulatory, administrative, or public agency or authority; (7) a State or local law enforcement agency, prosecutorial office, or police or peace officer; (8) a State or local department of an executive branch of government; or (9) a division, a board, a bureau, an office, a committee, or a commission of any of the public bodies listed in this subsection. (j) “Retaliatory action” means discharging, suspending, demoting, threatening, harassing, or discriminating against an employee, a contractor, or an agent as a result of an activity described in § 8–107(a) of this title. (k) “Supervisor” means an individual within an employer’s organization who has the authority to: (1) direct and control the work performance of an employee; or (2) take corrective action regarding the violation of a law or regulation that is the subject of a complaint or charge under this title.PreviousNext

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Article - Insurance Next

§1–101. (a) In this article the following words have the meanings indicated. (a–1) “Active duty” has the meaning stated in § 9–901 of the State Government Article. (b) “Administration” means the Maryland Insurance Administration. (b–1) “Affordable Care Act” means the federal Patient Protection and Affordable Care Act, as amended by the federal Health Care and Education Reconciliation Act of 2010, and any regulations adopted or guidance issued under the Acts. (c) “Alien insurer” means an insurer that is formed under the laws of a jurisdiction other than the United States or a state. (d) (1) “Annuity” means an agreement to make periodic payments for which the making or continuance of all or some of a series of the payments, or the amount of a payment, depends on the continuance of a human life. (2) “Annuity” includes: (i) an additional benefit that operates to safeguard the contract from lapse or to provide a special surrender value, special benefit, or annuity in the event of the total and permanent disability of the holder; and (ii) benefits that provide payment or reimbursement for long–term home health care or long–term care in a nursing home or other related institution. (3) “Annuity” does not include life insurance. (e) “Annuity contract” means a contract that provides for an annuity. (f) “Appointment” means an agreement between an insurance producer and insurer under which the insurance producer, for compensation, may sell, solicit, or negotiate policies issued by the insurer. (g) “Authorized insurer” means an insurer that holds a valid certificate of authority. (h) “Burial insurance” includes any kind of agreement, certificate, policy, contract, bond, assurance guarantee, or other arrangement, by bylaw, regulation, or otherwise, in or by which the party that issues the certificate, policy, contract, bond, assurance guarantee, or other arrangement agrees to: (1) provide for the burial of a named or designated deceased individual; (2) save harmless anyone for all or part of the costs of the burial of a named or designated deceased individual; or (3) pay all or part of the incidents of the burial of a named or designated deceased individual. (i) (1) “Casualty insurance” means: (i) insurance against legal, contractual, or assumed liability for death, injury, or disability of a human being, or for damage to property; (ii) if issued as an incidental coverage with or supplemental to liability insurance and regardless of legal liability of the insured, insurance that provides medical, hospital, or surgical disability benefits to injured individuals and funeral and death benefits to dependents, beneficiaries, or personal representatives of individuals killed; or (iii) unless disapproved by the Commissioner as contrary to law or public policy, insurance against any other kind of loss, damage, or liability that is properly a subject of insurance and not within any other kind of insurance described in this subsection. (2) “Casualty insurance” includes motor vehicle physical damage insurance, burglary and theft insurance, glass insurance, workers’ compensation insurance, employer’s liability insurance, and boiler and machinery insurance. (j) “Certificate of authority” means a certificate issued by the Commissioner to engage in the insurance business. (k) “Commissioner” means the Maryland Insurance Commissioner. (l) “County” means a county of the State or Baltimore City. (m) “Domestic insurer” means an insurer that is formed under the laws of the State. (m–1) (1) “First–class mail tracking method” means a mail tracking method that provides evidence of the date that a piece of first–class mail was accepted for mailing by the United States Postal Service. (2) “First–class mail tracking method” includes: (i) a certificate of mail; and (ii) an electronic mail tracking system used by the United States Postal Service. (3) “First–class mail tracking method” does not include a certificate of bulk mailing. (n) (1) “Foreign insurer” means an insurer that is formed under the laws of a jurisdiction other than this State. (2) Unless the context requires otherwise, “foreign insurer” includes an alien insurer. (o) “Fund producer” means a licensed insurance producer, including a licensed independent insurance producer, that has been assigned an authorization code by the Maryland Automobile Insurance Fund. (p) (1) “Health insurance” means insurance of human beings against: (i) bodily injury, disablement, or death by accident or accidental means, or the expenses of bodily injury, disablement, or death by accident or accidental means; (ii) disablement or expenses resulting from sickness or childbirth; and (iii) expenses incurred in prevention of sickness or dental care. (2) “Health insurance” includes: (i) accident insurance; (ii) disability insurance; and (iii) each insurance appertaining to health insurance. (3) “Health insurance” does not include workers’ compensation insurance. (q) “Independent insurance producer” means an insurance producer: (1) that is not owned or controlled by an insurer or group of insurers; (2) the appointment of which does not prohibit the representation of more than one insurer or group of insurers; and (3) the appointment of which provides that: (i) at termination, the records of the insurance producer remain the property of the insurance producer; and (ii) the insurance producer retains the use and control of all expirations incurred during the period when the appointment was in effect. (r) “Industrial life insurance” means life insurance provided by an individual policy with the term “industrial” printed on the policy as part of the brief description required by § 16–213 of this article, and under which premiums are payable monthly or more frequently, if the face amount of the insurance provided by the policy does not exceed $1,000. (s) Except as expressly provided otherwise in this article, “insurance” means a contract to indemnify or to pay or provide a specified or determinable amount or benefit on the occurrence of a determinable contingency. (t) (1) “Insurance business” includes the transaction of: (i) all matters pertaining to an insurance contract, either before or after it takes effect; and (ii) all matters arising from an insurance contract or a claim under it. (2) “Insurance business” does not include pooling by public entities for self–insurance of casualty, property, or health risks. (u) (1) “Insurance producer” means a person that, for compensation, sells, solicits, or negotiates insurance contracts, including contracts for nonprofit health service plans, dental plan organizations, and health maintenance organizations, or the renewal or continuance of these insurance contracts for: (i) persons issuing the insurance contracts; or (ii) insureds or prospective insureds other than the insurance producer. (2) “Insurance producer” does not include: (i) an individual who performs clerical or similar office duties while employed by an insurance producer or insurer, including a clerical employee, other than a clerical employee of an insurer, who takes insurance information or receives premiums in the insurance producer’s office, if the employee’s compensation does not vary with the number of applications or amount of premiums; (ii) a regular salaried officer or employee of an insurer who gives help to or for a licensed insurance producer, if the officer or employee is not paid a commission or other compensation that depends directly on the amount of business obtained; or (iii) if not paid a commission, a person that obtains and forwards information for: 1. group insurance coverage; 2. enrolling individuals under group insurance coverage; 3. issuing certificates under group insurance coverage; or 4. otherwise assisting in administering group plans. (v) “Insurer” includes each person engaged as indemnitor, surety, or contractor in the business of entering into insurance contracts. (w) “Licensed insurance producer” means an insurance producer that has: (1) obtained a license under Title 10, Subtitle 1 of this article; and (2) in the case of an insurance producer that acts on behalf of an insurer other than the Maryland Automobile Insurance Fund, obtained an appointment under Title 10, Subtitle 1 of this article. (x) (1) “Life insurance” means insurance for which the probabilities of the duration of human life or the rate of mortality are an element or condition of the insurance. (2) “Life insurance” includes the granting of: (i) endowment benefits; (ii) additional benefits in the event of death by accident or accidental means; (iii) additional disability benefits in the event of dismemberment or loss of sight; (iv) additional disability benefits that operate to safeguard the contract from lapse or to provide a special surrender value, special benefit, or annuity in the event of total and permanent disability; (v) benefits that provide payment or reimbursement for long–term home health care, or long–term care in a nursing home or other related institution; (vi) burial insurance; (vii) optional modes of settlement of proceeds of life insurance; (viii) additional benefits for a second opinion for specified health conditions; and (ix) additional benefits that provide a lump–sum benefit for a specified disease and that meet the requirements established by the Commissioner under § 15–109 of this article. (3) “Life insurance” does not include workers’ compensation insurance. (y) “Life insurer” means an insurer in life insurance. (z) (1) “Marine insurance” includes: (i) insurance against loss or damage in connection with any risk of navigation, transit, or transportation, including war risks, marine builder’s risks and personal property floater risks, to vessels, craft, aircraft, automobiles, trailers, or vehicles of any kind, as well as all goods, freight, cargoes, merchandise, effects, disbursements, profits, money, bullion, precious stones, securities, choses in action, evidences of debt, valuable papers, bottomry and respondentia interests, and all other kinds of property and interests: 1. on or under water, on land, or in the air; 2. while being assembled, packed, crated, baled, compressed, or similarly prepared for shipment or while awaiting shipment; or 3. during any delay, storage, transshipment, or incidental reshipment; (ii) except as provided in paragraph (2) of this subsection, insurance against: 1. loss or damage to a person or property in connection with or as part of marine, inland marine, transit, or transportation insurance arising out of or in connection with the construction, repair, operation, maintenance, or use of the subject matter of the insurance; and 2. legal liability of the insured for loss of or damage to the person or property; (iii) insurance against loss or damage to precious stones, jewels, jewelry, gold, silver and other precious metals, whether used in business or trade or otherwise or whether in course of transportation or otherwise; (iv) except as provided in paragraph (2) of this subsection, insurance against loss or damage to bridges, tunnels, other instrumentalities of transportation and communication, auxiliary facilities and related equipment, piers, wharves, docks, slips, other aids to navigation and transportation, dry docks, and marine railways; and (v) travel insurance, as defined in § 10–101 of this article. (2) “Marine insurance” does not include: (i) life insurance, surety bonds, or insurance against loss because of bodily injury to a person arising out of ownership, maintenance, or use of an automobile, unless a part of travel insurance, as defined in § 10–101 of this article; or (ii) insurance against loss or damage to buildings that are instrumentalities of transportation and communication, their furniture and furnishings, and fixed contents and supplies stored in the buildings. (aa) “Marine protection and indemnity insurance” means insurance against, or against legal liability of the insured for, loss, damage, or expense arising out of or incident to the ownership, operation, chartering, maintenance, use, repair, or construction of a vessel, craft, or instrumentality used in ocean or inland waterways, including legal liability of the insured for personal injury, illness, or death or for loss or damage to the property of another person. (bb) “Mutual insurer” means an insurer that is incorporated without capital stock and the governing body of which is elected in accordance with this article. (cc) “Negotiate” means to confer directly with or offer advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms, or conditions of the contract, provided that the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers. (dd) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, partnership, firm, association, corporation, or other entity. (ee) (1) “Policy” means the written instrument in which an insurance contract is set forth. (2) “Policy” includes all clauses, endorsements, riders, and other papers attached to or made part of the insurance contract. (ff) (1) “Premium” means consideration for insurance. (2) “Premium” includes: (i) except as provided in paragraph (3) of this subsection, an assessment; and (ii) a membership fee, policy fee, survey fee, inspection fee, service fee, driving record report fee, accident history report fee, or other similar fee in consideration for an insurance contract. (3) “Premium” does not include: (i) an assessment as described in § 9–225 of this article; or (ii) an assessment made under any State law that provides for insolvency protection or insurance availability. (gg) (1) “Property insurance” means insurance on real or personal property on land, in water, or in the air or an interest in real or personal property against loss or damage from any hazard or cause and against loss that is consequential to the loss or damage. (2) “Property insurance” includes fire insurance, flood insurance, extended coverage insurance, homeowners insurance, farm owners insurance, allied lines insurance, earthquake insurance, growing crops insurance, aircraft physical damage insurance, automobile physical damage insurance, glass insurance, livestock insurance, and animal insurance. (3) “Property insurance” does not include insurance against legal liability for loss or damage to real or personal property. (hh) “Reciprocal insurance” means insurance that arises from an exchange among subscribers of mutual agreements of indemnity and that is effected through an attorney in fact common to the subscribers. (ii) “Reciprocal insurer” means an unincorporated aggregation of subscribers that operate individually and collectively through an attorney in fact to provide reciprocal insurance. (jj) “Reinsurance” means a contract under which an insurer obtains insurance for itself from another insurer for all or part of an insurance risk. (kk) “Sell” means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurer. (ll) “Solicit” means to attempt to sell insurance or to ask or urge a person to apply for a particular kind of insurance from a particular insurer. (mm) Except as otherwise expressly provided in this article, “state” means: (1) a state, possession, territory, or commonwealth of the United States; or (2) the District of Columbia. (nn) “Stock insurer” means an insurer that is incorporated with capital that is divided into shares and owned by its stockholders. (oo) “Surety insurance” includes: (1) fidelity insurance, which is insurance that guarantees the fidelity of persons that hold positions of public or private trust; (2) insurance that guarantees the performance of contracts other than insurance contracts; (3) insurance that guarantees the execution of bonds, undertakings, and contracts of suretyship; and (4) insurance that indemnifies banks, bankers, brokers, or financial corporations or associations against loss from any cause of bills of exchange, notes, bonds, securities, evidences of debt, deeds, mortgages, warehouse receipts, other valuable papers, documents, money, precious metals, articles made from precious metals, jewelry, watches, necklaces, bracelets, gems, and precious and semi–precious stones, including loss during transportation by messenger or in armored motor vehicles, but not against other risks of transportation or navigation, and insurance against loss or damage to a bank’s, banker’s, broker’s, or financial corporation’s or association’s premises or furniture, fixtures, equipment, safes, and vaults on the premises caused by burglary, robbery, theft, vandalism, or malicious mischief, or attempted burglary, robbery, theft, vandalism, or malicious mischief. (pp) “Surplus lines insurance” means the full amount or kind of insurance needed to protect the interest of the insured that: (1) cannot be obtained from an authorized insurer; or (2) for the particular kind and class of insurance to provide coverage against liability of persons described in § 24–206(1) of this article, cannot be obtained from three or more authorized insurers that write that kind and class of insurance on a broad basis. (qq) “Title insurance” means insurance of owners of property or other persons that have an interest in the property against loss by encumbrance, defective title, invalidity of title, or adverse claim to title. (rr) “Unauthorized insurer” means an insurer that does not hold a certificate of authority. (rr–1) “Uniformed services” has the meaning stated in § 9–901 of the State Government Article. (ss) “Wet marine and transportation insurance” means the part of marine insurance that includes only: (1) insurance of vessels, crafts, or hulls and interests in or related to them; (2) insurance of marine builder’s risks or marine war risks; (3) marine protection and indemnity insurance; (4) insurance of freights and disbursements pertaining to a subject of insurance under this subsection; and (5) insurance of personal property and interests in personal property, in connection with any risk of navigation, transit, or transportation: (i) in the course of exportation from or importation into a country and in the course of transportation along a coast or on inland waters, including transportation by land, water, or air from point of origin to final destination; (ii) while being prepared for and while awaiting shipment; and (iii) during any delay, storage, transshipment, or incidental reshipment. (tt) (1) “Wholesale life insurance” means life insurance that is: (i) distributed on a mass merchandising basis; (ii) administered by group methods provided, with or without evidence of insurability, by individual policies; and (iii) made available to employees or members under a program, which also may provide coverage of dependents of the employees or members, sponsored by: 1. an employer or association of employers; 2. a union or association of unions; 3. an association of individuals who have the same occupation or profession; 4. an association of civil service employees; 5. a religious, charitable, recreational, educational, civic, or fraternal organization or association; 6. a school; 7. a sports team; 8. a volunteer fire department; or 9. a group approved by the Commissioner that has a common administrative capacity, is not organized primarily for the sale of insurance, and has sufficient numbers to allow for lower rates. (2) “Wholesale life insurance” does not include a policy solely because the premium for the policy is paid by salary deduction, salary savings, payroll allotment, or similar arrangement.Next

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Article - Insurance PreviousNext

§10–101. (a) In this subtitle the following words have the meanings indicated. (b) “Authorized representative” means an independent contractor of a travel retailer. (c) “Business entity” means a corporation, professional association, partnership, limited liability company, limited liability partnership, or other legal entity. (d) “Home state” means any state in which an insurance producer: (1) maintains the insurance producer’s principal place of residence or principal place of business; and (2) is licensed to act as a resident insurance producer. (e) (1) “License” means a document issued by the Commissioner to act as an insurance producer for the kind or subdivision of insurance or combination of kinds or subdivisions of insurance specified in the document. (2) “License” includes a limited lines license. (f) “Limited line credit insurance” includes: (1) credit life insurance; (2) credit health insurance; (3) credit property insurance; (4) credit unemployment insurance; (5) credit involuntary unemployment benefit insurance; (6) mortgage life insurance; (7) mortgage guaranty insurance; (8) mortgage disability insurance; (9) guaranteed automobile protection (GAP) insurance; and (10) any other form of insurance that: (i) is offered in connection with an extension of credit; (ii) is limited to partially or wholly extinguishing that credit obligation; and (iii) the Commissioner determines should be designated a form of limited line credit insurance. (g) “Limited line credit insurance producer” means a person who sells, solicits, or negotiates one or more forms of limited line credit insurance coverage to individuals through a master, corporate, group, or individual policy. (h) “Limited lines insurance” means: (1) limited line credit insurance; (2) the lines of insurance described in §§ 10–122 through 10–125 of this subtitle; (3) insurance sold in connection with, and incidental to, the rental of a motor vehicle under Subtitle 6 of this title; or (4) any other line of insurance that the Commissioner considers necessary to recognize for the purpose of complying with § 10–119(d) of this subtitle. (i) “Limited lines insurance producer” means a person authorized by the Commissioner to sell, solicit, or negotiate limited lines insurance. (j) “Limited lines travel insurance producer” means, with respect to travel insurance: (1) a licensed managing general agent; or (2) a licensed insurance producer, including a limited lines insurance producer. (k) “Offer and disseminate” means, with respect to limited lines travel insurance, to: (1) provide general information, including a description of coverage and price; (2) process applications; and (3) collect premiums. (l) (1) “Title insurance producer” means a person that, for compensation, solicits, procures, or negotiates title insurance contracts. (2) “Title insurance producer” includes a person that provides escrow, closing, or settlement services that may result in the issuance of a title insurance contract. (3) “Title insurance producer” does not include: (i) individuals employed and used by title insurance producers for the performance of clerical and similar office duties; (ii) a financial institution as defined in § 1–101(j) of the Financial Institutions Article that does not solicit, procure, or negotiate title insurance contracts for compensation; or (iii) a title insurance insurer that is licensed under this article. (m) “Title insurance producer independent contractor” means a person that: (1) is licensed to act as a title insurance producer; (2) provides escrow, closing, or settlement services that may result in the issuance of a title insurance contract as an independent contractor for, or on behalf of, a licensed and appointed title insurance producer; and (3) is not an employee of the licensed and appointed title insurance producer. (n) “Trade name” means a name, symbol, or word, or combination of two or more of these that a person uses to: (1) identify its business, occupation, or self in a business capacity; and (2) be distinguished from another business, occupation, or person. (o) (1) “Travel insurance” means insurance coverage for personal risk incident to planned travel, including: (i) interruption or cancellation of a trip or an event; (ii) loss of baggage or personal effects; (iii) damage to accommodations or a rental vehicle; (iv) sickness, accident, disability, or death occurring during travel, if issued as incidental to the coverage provided by item (i), (ii), (iii), (v), (vi), or (vii) of this paragraph; (v) emergency evacuation; (vi) repatriation of remains; and (vii) any other contractual obligations to indemnify or pay a specified amount to the traveler on determinable contingencies related to travel as the Commissioner approves. (2) “Travel insurance” does not include a major medical plan that provides comprehensive medical protection for a traveler on a trip lasting 6 months or longer, such as an individual working outside the United States or uniformed services personnel being deployed. (p) “Travel retailer” means a business entity that makes, arranges, or offers travel services. (q) “Uniform application” means the current version of the NAIC uniform application for resident and nonresident insurance producer licensing. (r) “Uniform business entity application” means the current version of the NAIC uniform business entity application for resident and nonresident business entities.PreviousNext

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§25–101. (a) In this subtitle the following words have the meanings indicated. (b) “Board of directors” or “board” means the governing body of a risk retention group elected by the shareholders or members of the risk retention group to establish policy, elect or appoint officers and committees, and make other governing decisions. (c) (1) “Completed operations liability” means liability arising out of the installation, maintenance, or repair of a product at a site that is not owned or controlled by: (i) a person that performs that work; or (ii) a person that hires an independent contractor to perform that work. (2) “Completed operations liability” includes liability for activities that are completed or abandoned before the date of the occurrence giving rise to the liability. (d) “Director” means an individual designated in the articles of incorporation of a risk retention group, or designated, elected, or appointed by any other manner, name, or title to act as a director of the risk retention group. (e) “Domicile” means, for the purpose of determining the state in which a purchasing group has its domicile: (1) the state of incorporation of a purchasing group that is a corporation; or (2) the state of the principal place of business of a purchasing group that is an unincorporated entity. (f) “Hazardous financial condition” means the condition of a risk retention group in which, based on its present or reasonably anticipated financial condition, the risk retention group: (1) is not yet financially impaired or insolvent; but (2) is unlikely to be able to: (i) meet obligations to policyholders with respect to known claims and reasonably anticipated claims; or (ii) pay other obligations in the normal course of business. (g) “Immediate family member” means an individual’s: (1) spouse; (2) child; (3) child’s spouse; (4) parent; (5) spouse’s parent; (6) sibling; or (7) sibling’s spouse. (h) “Insurance” means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk that is determined to be insurance under the laws of the State. (i) (1) “Liability” means legal liability for damages, including costs of defense, legal costs and fees, and other claims expenses, because of injuries to persons, damage to their property, or other damage or loss to those persons, resulting from or arising out of: (i) a business, whether profit or nonprofit, trade, products, services, including professional services, premises, or operations; or (ii) an activity of a state or local government, or an agency or political subdivision of a state or local government. (2) “Liability” does not include: (i) personal risk liability, which is liability for damages because of injury to a person, damage to property, or other damage or loss resulting from personal, familial, or household responsibilities or activities; or (ii) the liability of an employer with respect to its employees other than legal liability under the federal Employers’ Liability Act. (j) “Plan of operation or feasibility study” means an analysis that presents the expected activities and results of a risk retention group including, at a minimum: (1) information sufficient to verify that the members of the risk retention group are engaged in businesses or activities that are similar or related with respect to the liability to which the members are exposed by virtue of related, similar, or common business, trade, products, services, premises, or operations; (2) for each state in which the risk retention group intends to operate, the coverages, deductibles, coverage limits, rates, and rating classification systems for each line of insurance that the risk retention group intends to offer; (3) historical and expected loss experience of the proposed members and national experience of similar exposures, to the extent this experience is reasonably available; (4) pro forma financial statements and projections; (5) appropriate opinions by a qualified, independent casualty actuary, including a determination of minimum premium or participation levels required to begin operations and to prevent a hazardous financial condition; (6) identification of management, underwriting and claims procedures, marketing methods, managerial oversight methods, investment policies, and reinsurance agreements; (7) identification of each state in which the risk retention group has obtained or sought to obtain a charter and license, and a description of its status in each state identified; and (8) any other matters required by the commissioner of the state in which the risk retention group is chartered for liability insurance companies authorized by the insurance laws of that state. (k) (1) “Product liability” means liability for damages because of personal injury, death, emotional harm, consequential economic damage, or property damage, including damages resulting from the loss of use of the property, arising out of the manufacture, design, importation, distribution, packaging, labeling, lease, or sale of a product. (2) “Product liability” does not include the liability of a person for damages if the product involved was in the possession of the person when the incident giving rise to the claim occurred. (l) “Purchasing group” means a group that: (1) has as a purpose the purchase of liability insurance on a group basis; (2) purchases liability insurance only for its group members and only to cover the similar or related liability exposure of the group members; (3) is composed of members engaged in businesses or activities that are similar or related with respect to the liability to which the members are exposed by virtue of related, similar, or common business, trade, products, services, premises, or operations; and (4) has its domicile in a state. (m) “Risk retention group” means a corporation or other limited liability association: (1) that is formed under the laws of a state, Bermuda, or the Cayman Islands; (2) the primary activity of which consists of assuming and spreading all or part of the liability exposure of its group members; (3) that is organized for the primary purpose of conducting the activity described in item (2) of this subsection; (4) that: (i) is chartered and licensed as a liability insurance company and authorized to engage in the insurance business under the laws of a state; or (ii) 1. on or before December 31, 1984, was chartered or licensed and authorized to engage in the insurance business under the laws of Bermuda or the Cayman Islands and, on or before December 31, 1984, had certified to the insurance commissioner of at least one state that it satisfied the capitalization requirements of that state; and 2. has been engaged in business continuously since January 1, 1985 and only for the purpose of continuing to provide insurance to cover product liability or completed operations liability; (5) that does not exclude a person from membership in the group solely to provide for members of the group a competitive advantage over that person; (6) that: (i) has as its members only persons that have an ownership interest in the group and has as its owners only persons that are members of the group and are provided insurance by the group; or (ii) has as its sole owner an organization that: 1. has as its members only persons that are members of the group; and 2. has as its owners only persons that are members of the group and are provided insurance by the group; (7) the members of which are engaged in businesses or activities that are similar or related with respect to the liability to which the members are exposed by virtue of related, similar, or common business, trade, products, services, premises, or operations; (8) the activities of which do not include the provision of insurance other than: (i) liability insurance for assuming and spreading all or part of the liability of its group members; and (ii) reinsurance with respect to the liability of another risk retention group, or a member of the other risk retention group, that is engaged in businesses or activities so that the risk retention group or member meets the requirement of item (7) of this subsection of membership in the risk retention group that provides the reinsurance; and (9) the name of which includes the phrase “risk retention group”. (n) (1) Except as provided in paragraph (2) of this subsection, “state” means a state of the United States or the District of Columbia. (2) When capitalized, “State” means Maryland.PreviousNext

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Article - Real Property PreviousNext

§11–101. (a) In this title the following words have the meanings indicated unless otherwise apparent from context. (b) (1) “Board of directors” means the persons to whom some or all of the powers of the council of unit owners have been delegated under this title or under the condominium bylaws. (2) “Board of directors” includes any reference to “board”. (c) (1) “Common elements” means all of the condominium except the units. (2) “Limited common elements” means those common elements identified in the declaration or on the condominium plat as reserved for the exclusive use of one or more but less than all of the unit owners. (3) “General common elements” means all the common elements except the limited common elements. (d) “Common expenses and common profits” means the expenses and profits of the council of unit owners. (e) “Condominium” means property subject to the condominium regime established under this title. (f) “Council of unit owners” means the legal entity described in § 11-109 of this title. (g) “Developer” means any person who subjects his property to the condominium regime established by this title. (h) “Electronic transmission” means any form of communication, not directly involving the physical transmission of paper, that creates a record that: (1) May be retained, retrieved, and reviewed by a recipient of the communication; and (2) May be reproduced directly in paper form by a recipient through an automated process. (i) “Governing body” means the council of unit owners, board of directors, or any committee of the council of unit owners or board of directors. (j) “Housing agency” means a housing agency of a county or incorporated municipality or some other agency or entity of a county or incorporated municipality designated as such by law or ordinance. (k) “Mortgagee” means the holder of any recorded mortgage, or the beneficiary of any recorded deed of trust, encumbering one or more units. (l) “Moving expenses” means costs incurred to: (1) Hire contractors, labor, trucks, or equipment for the transportation of personal property; (2) Pack and unpack personal property; (3) Disconnect and install personal property; (4) Insure personal property to be moved; and (5) Disconnect and reconnect utilities such as telephone service, gas, water, and electricity. (m) “Occupant” means any lessee or guest of a unit owner. (n) “Percentage interests” means the interests, expressed as a percentage, fraction or proportion, established in accordance with § 11-107 of this title. (o) “Property” means unimproved land, land together with improvements thereon, improvements without the underlying land, or riparian or littoral rights associated with land. Property may consist of noncontiguous parcels or improvements. (p) “Rental facility” means property containing dwelling units intended to be leased to persons who occupy the dwellings as their residences. (q) “Unit” means a three-dimensional space identified as such in the declaration and on the condominium plat and shall include all improvements contained within the space except those excluded in the declaration, the boundaries of which are established in accordance with § 11-103(a)(3) of this title. A unit may include 2 or more noncontiguous spaces. (r) “Unit owner” means the person, or combination of persons, who hold legal title to a unit. A mortgagee or a trustee designated under a deed of trust, as such, may not be deemed a unit owner.PreviousNext

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§9–101. (a) In this subtitle the following words have the meanings indicated. (b) “Building” includes any unit of a nonresidential building that is leased or separately sold as a unit. (c) “Contract” means an agreement of any kind or nature, express or implied, for doing work or furnishing material, or both, for or about a building as may give rise to a lien under this subtitle. (d) “Contractor” means a person who has a contract with an owner. (e) “Land” means the land to which a lien extends under this subtitle or the land within the boundaries established by proceedings in accordance with the Maryland Rules. “Land” includes the improvements to the land. (f) “Owner” means the owner of the land except that, when the contractor executes the contract with a tenant for life or for years, “owner” means the tenant. (g) “Subcontractor” means a person who has a contract with anyone except the owner or his agent.PreviousNext

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Article - Tax - General PreviousNext

§11–101. IN EFFECT (a) In this title the following words have the meanings indicated. (a–1) “Accommodation” means a right to occupy a room or lodgings as a transient guest. (a–2) (1) “Accommodations intermediary” means a person, other than an accommodations provider, who facilitates the sale or use of an accommodation and charges a buyer the taxable price for the accommodation. (2) For purposes of this subsection, a person shall be considered to facilitate the sale or use of an accommodation if the person brokers, coordinates, or in any other way arranges for the sale or use of an accommodation by a buyer. (a–3) “Accommodations provider” means a person that owns, operates, or manages an accommodation and makes the accommodation available for sale or use to a buyer. (a–4) “Booking transaction” means any transaction in which there is a retail sale of an accommodation. (b) “Buyer” means a person who: (1) acquires tangible personal property in a sale; (2) obtains a taxable service in a sale; or (3) acquires a digital code or digital product in a sale. (c) “Cleaning of a commercial or industrial building” means the following services performed to a commercial or industrial building: (1) floor, carpet, wall, window, ceiling, and exterior cleaning; and (2) janitorial services. (c–1) “Customer tax address” means, with respect to a sale of a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section: (1) for a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section that is received by a buyer at the business location of the vendor, the address of that business location; (2) if item (1) of this subsection is not applicable and the primary use location of the digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section is known by the vendor, that primary use location; (3) if items (1) and (2) of this subsection are not applicable, the location where the digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section is received by the buyer, or by a donee of the buyer that is identified by the buyer, if known to the vendor and maintained in the ordinary course of the vendor’s business; (4) if items (1) through (3) of this subsection are not applicable, the location indicated by an address for the buyer that is available from the business records of the vendor that are maintained in the ordinary course of business of the vendor’s business, when use of the address does not constitute bad faith; (5) if items (1) through (4) of this subsection are not applicable, the location indicated by an address for the buyer obtained during the consummation of the sale, including the address of the buyer’s payment instrument, when use of the address does not constitute bad faith; or (6) if items (1) through (5) of this subsection are not applicable, including a circumstance in which a vendor is without sufficient information to apply those items, one of the following locations, as selected by the vendor, provided that the location is consistently used by the vendor for all sales to which this item applies: (i) the location in the United States of the headquarters of the vendor’s business; (ii) the location in the United States where the vendor has the greatest number of employees; or (iii) the location in the United States from which the vendor makes digital products available for electronic transfer. (c–2) “Detective” means a person who is authorized to provide private detective services under Title 13 of the Business Occupations and Professions Article. (c–3) (1) “Digital code” means a number, symbol, alphanumeric sequence, barcode, or similar code that: (i) may be obtained by any means, including: 1. in a tangible form, such as a card; or 2. through e–mail; and (ii) provides a buyer with a right to obtain one or more digital products. (2) “Digital code” does not include a gift certificate or gift card with a monetary value that may be redeemable for an item other than a digital product. (c–4) (1) “Digital product” means a product that is obtained electronically by the buyer or delivered by means other than tangible storage media through the use of technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (2) “Digital product” includes: (i) a work that results from the fixation of a series of sounds that are transferred electronically, including: 1. prerecorded or live music or performances, readings of books or other written materials, and speeches; and 2. audio greeting cards sent by e–mail; (ii) a digitized sound file, such as a ring tone, that is downloaded onto a device and may be used to alert the user of the device with respect to a communication; (iii) a series of related images that, when shown in succession, impart an impression of motion, together with any accompanying sounds that are transferred electronically, including motion pictures, musical videos, news and entertainment programs, live events, video greeting cards sent by e–mail, and video or electronic games; (iv) a book, generally known as an “e–book”, that is transferred electronically; and (v) a newspaper, magazine, periodical, chat room discussion, weblog, or any other similar product that is transferred electronically. (3) “Digital product” does not include: (i) prerecorded or live instruction by a public, private, or parochial elementary or secondary school or a public or private institution of higher education; (ii) instruction in a skill or profession in a buyer’s current or prospective business, occupation, or trade if the instruction: 1. is not prerecorded; and 2. features an interactive element between the buyer and the instructor or other buyers contemporaneous with the instruction; (iii) a seminar, discussion, or similar event hosted by a nonprofit organization or business association, if the seminar, discussion, or event: 1. is not prerecorded; and 2. features an interactive element between the buyer and host or other buyers contemporaneous with the seminar, discussion, or event; (iv) a professional service obtained electronically or delivered through the use of technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; (v) a product having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities where the purchaser holds a copyright or other intellectual property interest in the product, in whole or in part, if the purchaser uses the product solely for commercial purposes, including advertising or other marketing activities; or (vi) computer software or software as a service purchased or licensed solely for commercial purposes in an enterprise computer system, including operating programs or application software for the exclusive use of the enterprise software system, that is housed or maintained by the purchaser or on a cloud server, whether hosted by the purchaser, the software vendor, or a third party. (c–5) (1) “End user” means any person who receives or accesses a digital code, digital product code, or taxable service described under subsection (m)(14) or (15) of this section for use. (2) “End user” does not include any person who receives a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section for further commercial broadcast, rebroadcast, transmission, retransmission, licensing, relicensing, distribution, redistribution, or exhibition of the digital product. (c–6) “Home amenity” means any portion, whether indoors or outdoors, of a residential property, excluding bedrooms or any portion of the property intended for sleeping quarters, that is occupied by the hour and for not more than 15 hours consecutively. (c–7) “Home amenity rental” means the temporary use in exchange for consideration of a home amenity. (c–8) (1) “Home amenity rental intermediary” means a person, other than a home amenity rental provider, who facilitates the sale or use of a home amenity and charges a buyer the taxable price for the home amenity rental. (2) For purposes of this subsection, a person shall be considered to facilitate the sale or use of a home amenity if the person brokers, coordinates, or in any other way arranges for the sale or use of a home amenity by a buyer. (c–9) “Home amenity rental platform” means an Internet–based digital entity that: (1) advertises the availability of home amenities; and (2) receives compensation for facilitating reservations or processing booking transactions on behalf of the owner, operator, or manager of a home amenity. (c–10) (1) “Marketplace facilitator” means a person that: (i) facilitates a retail sale by a marketplace seller by listing or advertising for sale in a marketplace tangible personal property, digital code, or a digital product; and (ii) regardless of whether the person receives compensation or other consideration in exchange for the person’s services, directly or indirectly through agreements with third parties, collects payment from a buyer and transmits the payment to the marketplace seller. (2) “Marketplace facilitator” does not include: (i) a platform or forum that exclusively provides Internet advertising services, including listing products for sale, if the platform or forum does not also engage, directly or indirectly, in collecting payment from a buyer and transmitting that payment to the vendor; (ii) a payment processor business appointed by a vendor to handle payment transactions from clients, including credit cards and debit cards, whose only activity with respect to marketplace sales is to handle transactions between two parties; or (iii) a delivery service company that delivers tangible personal property on behalf of a marketplace seller that is engaged in the business of a retail vendor and holds a license issued under Subtitle 7 of this title. (c–11) “Marketplace seller” means a person that makes a retail sale or sale for use through a physical or electronic marketplace operated by a marketplace facilitator. (c–12) “NAICS” means the North American Industrial Classification System, United States Manual, 2022 Edition, published by the United States Office of Management and Budget. (c–13) “Permanent” means perpetual or for an indefinite or unspecified length of time. (d) “Person” includes: (1) this State or a political subdivision, unit, or instrumentality of this State; (2) another state or a political subdivision, unit, or instrumentality of that state; and (3) a unit or instrumentality of a political subdivision of this State or of another state. (e) “Prepaid telephone calling arrangement” means the right to use telecommunications services, paid for in advance, that enables the origination of calls using an access number or authorization code, whether manually or electronically dialed. (e–1) (1) “Primary use location” means the street address representative of where the buyer’s use of a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section will primarily occur, as determined by: (i) the residential street address or a business street address of the actual end user of the digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section including, if applicable, the address of a donee of the buyer that is designated by the buyer; or (ii) if the buyer is not an individual, the location of the buyer’s end users, including employees, or equipment that makes use of the digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section. (2) “Primary use location” does not include the location of a person who is not any end user or who uses a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section as the purchaser of a separate good or service from the buyer. (f) (1) “Production activity” means: (i) except for processing food or a beverage by a retail food vendor, assembling, manufacturing, processing, or refining tangible personal property for resale; (ii) generating electricity for sale or for use in another production activity; (iii) 1. laundering, maintaining, or preparing textile products for rental; or 2. laundering, maintaining, or preparing textile products in providing the taxable service of commercial cleaning or laundering of textiles for a buyer who is engaged in a business that requires the recurring service of commercial cleaning or laundering of the textiles; (iv) producing or repairing production machinery or equipment; (v) establishing or maintaining clean rooms or clean zones as required by applicable provisions of the Federal Food, Drug, and Cosmetic Act, the Public Health Service Act, and the Virus–Serum–Toxin Act, and the regulations adopted thereunder, pertaining to the manufacture of drugs, medical devices, or biologics; (vi) providing for the safety of employees; or (vii) providing for quality control. (2) “Production activity” does not include: (i) servicing or repairing tangible personal property, except for servicing or repairing production machinery or equipment; (ii) maintaining tangible personal property other than textile products for rental and production machinery and equipment, except for maintaining tangible personal property in providing the taxable service of commercial cleaning or laundering of textiles for a buyer who is engaged in a business that requires the recurring service of commercial cleaning or laundering of the textiles; (iii) providing for the comfort or health of employees; or (iv) storing the finished product. (g) “Production machinery or equipment” means machinery or equipment used in a production activity. (h) (1) “Retail sale” means the sale of: (i) tangible personal property; (ii) a taxable service; (iii) a digital code; or (iv) a digital product. (2) “Retail sale” includes: (i) a sale of tangible personal property for use or resale in the form of real estate by a builder, contractor, or landowner; (ii) except as provided in paragraph (3)(i) of this subsection, use of tangible personal property as facilities, tools, tooling, machinery, or equipment, including dies, molds, and patterns, even if the buyer intends to transfer title to the property before or after that use; (iii) a sale of a digital product that is sold with rights of permanent use or sold with rights of less than permanent use to an end user; (iv) a sale of a digital product that is sold with rights of use conditioned on continued payment by the subscriber or buyer to an end user; and (v) a sale to an end user of a digital code or a subscription to, access to, receipt of, or streaming of a digital product. (3) “Retail sale” does not include: (i) a transfer of title to tangible personal property after its use as facilities, tools, tooling, machinery, or equipment, including dies, molds, and patterns, if: 1. at the time of purchase, the buyer is obligated, under the terms of a written contract, to make the transfer; and 2. the transfer is made for the same or greater consideration to the person for whom the buyer manufactures goods or performs work; (ii) a sale of tangible personal property, a digital code, or a digital product if the buyer intends to: 1. resell the tangible personal property, digital code, or digital product in the form that the buyer receives or is to receive the property, digital code, or digital product; 2. use or incorporate the tangible personal property, digital code, or digital product in a production activity as a material or part of other tangible personal property or another digital product to be produced for sale; or 3. transfer the tangible personal property, digital code, or digital product as a part of a taxable service transaction; or (iii) a sale of a taxable service if the buyer intends to resell the taxable service in the form that the buyer receives or is to receive the service. (i) (1) “Sale” means a transaction for a consideration whereby: (i) title to or possession of property, a digital code, or a digital product is transferred or is to be transferred absolutely or conditionally by any means, including by lease, rental, royalty agreement, or grant of a license for use; or (ii) a person performs a service for another person. (2) “Sale” does not include a transaction whereby an employee performs a service for the employee’s employer. (j) “Sale for use” means a sale in which tangible personal property, a digital code, a digital product, or a taxable service that is consumed, possessed, stored, or used in the State is acquired. (j–1) “Short–term rental” means the temporary use of a short–term rental unit to provide accommodation to transient guests for lodging purposes in exchange for consideration. (j–2) “Short–term rental platform” means an Internet–based digital entity that: (1) advertises the availability of short–term rental units for rent; and (2) receives compensation for facilitating reservations or processing booking transactions on behalf of the owner, operator, or manager of a short–term rental unit. (j–3) (1) “Short–term rental unit” means a residential dwelling unit or a portion of the unit used for short–term rentals. (2) “Short–term rental unit” includes a single–family house or dwelling, a multifamily house or dwelling, an apartment, a condominium, or a cooperative. (j–4) “Subscription” means, with respect to a digital product, an arrangement with a vendor that grants a buyer the right to obtain digital products from within one or more product categories having the same tax treatment, in a fixed quantity or for a fixed period of time or both. (k) (1) “Tangible personal property” means: (i) corporeal personal property of any nature; (ii) an accommodation; (iii) a short–term rental; or (iv) a home amenity rental. (2) “Tangible personal property” includes: (i) farm equipment; (ii) wall–to–wall carpeting that is installed into real estate, regardless of the purpose, method, or permanency of its installation; and (iii) coal, electricity, oil, nuclear fuel assemblies, steam, and artificial or natural gas. (l) (1) “Taxable price” means the value, in money, of the consideration of any kind that is paid, delivered, payable, or deliverable by a buyer to a vendor in the consummation and complete performance of a sale without deduction for any expense or cost, including the cost of: (i) any labor or service rendered; (ii) any material used; or (iii) any property, digital code, or digital product sold. (2) “Taxable price” includes, for tangible personal property, a digital code, or a digital product acquired by a sale for use in the State by the person who assembles, fabricates, or manufactures the property or digital product, only the price of the raw materials and component parts contained in the property or digital product. (3) “Taxable price” does not include: (i) a charge that is made in connection with a sale and is stated as a separate item of the consideration for: 1. a delivery, freight, or other transportation service for delivery directly to the buyer by the vendor or by another person acting for the vendor, unless the transportation service is a taxable service; 2. a finance charge, interest, or similar charge for credit extended to the buyer; 3. a labor or service for application or installation; 4. a mandatory gratuity or service charge in the nature of a tip for serving food or beverage to a group of 10 or fewer individuals for consumption on the premises of the vendor; 5. a professional service; 6. a tax: A. imposed by a county on the sale of coal, electricity, oil, nuclear fuel assemblies, steam, or artificial or natural gas; B. imposed under § 3–302(a) of the Natural Resources Article, as a surcharge on electricity, and added to an electric bill; C. imposed under §§ 6–201 through 6–203 of the Tax – Property Article, on tangible personal property subject to a lease that is for an initial period that exceeds 1 year and is noncancellable except for cause; or D. imposed under § 4–102 of this article on the gross receipts derived from an admissions and amusement charge; 7. any service for the operation of equipment used for the production of audio, video, or film recordings; or 8. reimbursement of incidental expenses paid to a third party and incurred in connection with providing a taxable detective service; (ii) the value of a used component or part (core value) received from a purchaser of the following remanufactured truck parts: 1. an air brake system; 2. an engine; 3. a rear axle carrier; or 4. a transmission; (iii) a charge for a nontaxable service that is made in connection with a sale of a taxable communication service, even if the nontaxable charges are aggregated with and not separately stated from the taxable charges for communications services, if the vendor can reasonably identify charges not subject to tax from its books and records that are kept in the regular course of business; or (iv) a transportation network company impact fee imposed under § 10–408 of the Public Utilities Article. (4) “Taxable price” includes all sales and charges, including insurance, freight handling, equipment and supplies, delivery and pickup, cellular telephone, and other accessories, but not including sales of motor fuel subject to the motor fuel tax, made in connection with: (i) a short–term vehicle rental, as defined in § 11–104(c) of this subtitle; or (ii) a shared motor vehicle used for peer–to–peer car sharing and made available on a peer–to–peer car sharing program, as defined in § 19–520 of the Insurance Article. (5) “Taxable price” includes: (i) for the sale or use of an accommodation facilitated by an accommodations intermediary or a short–term rental platform, the full amount of the consideration paid by a buyer for the sale or use of an accommodation, but not including any tax that is remitted to a taxing authority; and (ii) for the sale or use of a home amenity rental facilitated by a home amenity rental intermediary or home amenity rental platform, the full amount of consideration paid by a buyer for the sale or use of a home amenity rental, but not including any tax that is remitted to a taxing authority. (6) “Taxable price” does not include: (i) for the sale or use of an accommodation facilitated by an accommodations intermediary or a short–term rental platform, a commission paid by an accommodations provider to a person after facilitating the sale or use of an accommodation; or (ii) for the sale or use of a home amenity rental facilitated by a home amenity rental intermediary or home amenity rental platform, a commission paid by a home amenity rental provider to a person after facilitating the sale or use of a home amenity rental. (m) “Taxable service” means: (1) fabrication, printing, or production of tangible personal property or a digital product by special order; (2) commercial cleaning or laundering of textiles for a buyer who is engaged in a business that requires the recurring service of commercial cleaning or laundering of the textiles; (3) cleaning of a commercial or industrial building; (4) cellular telephone or other mobile telecommunications service; (5) “900”, “976”, “915”, and other “900”–type telecommunications service; (6) custom calling service provided in connection with basic telephone service; (7) a telephone answering service; (8) pay per view television service; (9) credit reporting; (10) a security service, including: (i) a detective, guard, or armored car service; and (ii) a security systems service; (11) a transportation service for transmission, distribution, or delivery of electricity or natural gas, if the sale or use of the electricity or natural gas is subject to the sales and use tax; (12) a prepaid telephone calling arrangement; (13) the privilege given to an individual under § 4–1102 of the Alcoholic Beverages and Cannabis Article to consume wine that is not purchased from or provided by a restaurant, club, or hotel; (14) a data or information technology service described under NAICS Sector 518, 519, or 5415; or (15) a system software or application software publishing service described under NAICS Sector 5132. (m–1) (1) “Telephone answering service” means a service provided to a customer that consists exclusively of the taking of messages, either by an automated system or by a live operator, and transmitting the messages to the customer. (2) “Telephone answering service” does not include the physical act of answering a telephone on behalf of a customer, if the act is incidental to and less than 5% of the service provider’s total gross receipts in a calendar year. (n) (1) “Use” means an exercise of a right or power to use, consume, possess, or store that is acquired by a sale for use of: (i) tangible personal property; (ii) a taxable service; (iii) a digital code; or (iv) a digital product. (2) “Use” includes an exercise of a right or power to use, consume, possess, or store that is acquired by a sale for use of tangible personal property, a digital code, or a digital product: (i) for use or resale in the form of real estate by a builder, contractor, or landowner; or (ii) except as provided in paragraph (3)(i) of this subsection, as facilities, tools, tooling, machinery, or equipment, including dies, molds, and patterns, even if the buyer intends to transfer title to the property, digital code, or digital product before or after that use. (3) “Use” does not include: (i) a transfer of title to tangible personal property after its use as facilities, tools, tooling, machinery, or equipment, including dies, molds, and patterns, if: 1. at the time of purchase, the buyer is obligated, under the terms of a written contract, to make the transfer; and 2. the transfer is made for the same or greater consideration to the person for whom the buyer manufactures goods or performs work; (ii) an exercise of a right or power over tangible personal property, a digital code, or a digital product acquired by a sale for use if the buyer intends to: 1. resell the tangible personal property, digital code, or digital product in the form that the buyer receives or is to receive the property, digital code, or digital product; 2. use or incorporate the tangible personal property or digital product in a production activity as a material or part of other tangible personal property or another digital product to be produced for sale; or 3. transfer the tangible personal property, digital code, or digital product as part of a taxable service transaction; (iii) an exercise of a right or power over a taxable service acquired by a sale for use if the buyer intends to resell the taxable service in the form that the buyer receives or is to receive the service; (iv) an exercise of a right or power over a digital code to receive or access a digital product; (v) an exercise of a right or power over a digital product acquired by a sale for use if the buyer is not an end user; or (vi) the use or transfer of a digital product or digital code by the transferor and obtained by the end user free of charge. (o) (1) “Vendor” means a person who: (i) engages in the business of an out–of–state vendor, as defined in § 11–701 of this title; (ii) engages in the business of a retail vendor, as defined in § 11–701 of this title; (iii) holds a special license issued under § 11–707 of this title; (iv) is an accommodations intermediary or a home amenity rental intermediary; (v) is a short–term rental platform or home amenity rental platform; (vi) engages in the business of a marketplace facilitator; or (vii) engages in the business of a marketplace seller. (2) “Vendor” includes, for an out–of–state vendor, a salesman, representative, peddler, or canvasser whom the Comptroller, for the efficient administration of this title, elects to treat as an agent jointly responsible with the dealer, distributor, employer, or supervisor: (i) under whom the agent operates; or (ii) from whom the agent obtains the tangible personal property, a digital code, a digital product, or taxable service for sale.§11–101. ** TAKES EFFECT JULY 1, 2027 PER CHAPTER 638 OF 2025 ** (a) In this title the following words have the meanings indicated. (a–1) “Accommodation” means a right to occupy a room, lodgings, or a short–term rental unit as a transient guest. (a–2) (1) “Accommodations intermediary” means a person, other than an accommodations provider, who: (i) facilitates the sale or use of an accommodation and charges a buyer the taxable price for the accommodation; or (ii) receives compensation for facilitating reservations or processing booking transactions on behalf of an accommodations provider. (2) “Accommodations intermediary” includes a short–term rental platform. (3) For purposes of this subsection, a person shall be considered to facilitate the sale or use of an accommodation if the person brokers, coordinates, or in any other way arranges for the sale or use of an accommodation by a buyer. (a–3) “Accommodations provider” means a person that owns, operates, or manages an accommodation and makes the accommodation available for sale or use to a buyer. (a–4) “Booking transaction” means any transaction in which there is a retail sale of an accommodation to a buyer in exchange for payment of the taxable price. (b) “Buyer” means a person who: (1) acquires tangible personal property in a sale; (2) obtains a taxable service in a sale; or (3) acquires a digital code or digital product in a sale. (c) “Cleaning of a commercial or industrial building” means the following services performed to a commercial or industrial building: (1) floor, carpet, wall, window, ceiling, and exterior cleaning; and (2) janitorial services. (c–1) “Customer tax address” means, with respect to a sale of a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section: (1) for a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section that is received by a buyer at the business location of the vendor, the address of that business location; (2) if item (1) of this subsection is not applicable and the primary use location of the digital code or digital product, described under subsection (m)(14) or (15) of this section is known by the vendor, that primary use location; (3) if items (1) and (2) of this subsection are not applicable, the location where the digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section is received by the buyer, or by a donee of the buyer that is identified by the buyer, if known to the vendor and maintained in the ordinary course of the vendor’s business; (4) if items (1) through (3) of this subsection are not applicable, the location indicated by an address for the buyer that is available from the business records of the vendor that are maintained in the ordinary course of business of the vendor’s business, when use of the address does not constitute bad faith; (5) if items (1) through (4) of this subsection are not applicable, the location indicated by an address for the buyer obtained during the consummation of the sale, including the address of the buyer’s payment instrument, when use of the address does not constitute bad faith; or (6) if items (1) through (5) of this subsection are not applicable, including a circumstance in which a vendor is without sufficient information to apply those items, one of the following locations, as selected by the vendor, provided that the location is consistently used by the vendor for all sales to which this item applies: (i) the location in the United States of the headquarters of the vendor’s business; (ii) the location in the United States where the vendor has the greatest number of employees; or (iii) the location in the United States from which the vendor makes digital products available for electronic transfer. (c–2) “Detective” means a person who is authorized to provide private detective services under Title 13 of the Business Occupations and Professions Article. (c–3) (1) “Digital code” means a number, symbol, alphanumeric sequence, barcode, or similar code that: (i) may be obtained by any means, including: 1. in a tangible form, such as a card; or 2. through e–mail; and (ii) provides a buyer with a right to obtain one or more digital products. (2) “Digital code” does not include a gift certificate or gift card with a monetary value that may be redeemable for an item other than a digital product. (c–4) (1) “Digital product” means a product that is obtained electronically by the buyer or delivered by means other than tangible storage media through the use of technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (2) “Digital product” includes: (i) a work that results from the fixation of a series of sounds that are transferred electronically, including: 1. prerecorded or live music or performances, readings of books or other written materials, and speeches; and 2. audio greeting cards sent by e–mail; (ii) a digitized sound file, such as a ring tone, that is downloaded onto a device and may be used to alert the user of the device with respect to a communication; (iii) a series of related images that, when shown in succession, impart an impression of motion, together with any accompanying sounds that are transferred electronically, including motion pictures, musical videos, news and entertainment programs, live events, video greeting cards sent by e–mail, and video or electronic games; (iv) a book, generally known as an “e–book”, that is transferred electronically; and (v) a newspaper, magazine, periodical, chat room discussion, weblog, or any other similar product that is transferred electronically. (3) “Digital product” does not include: (i) prerecorded or live instruction by a public, private, or parochial elementary or secondary school or a public or private institution of higher education; (ii) instruction in a skill or profession in a buyer’s current or prospective business, occupation, or trade if the instruction: 1. is not prerecorded; and 2. features an interactive element between the buyer and the instructor or other buyers contemporaneous with the instruction; (iii) a seminar, discussion, or similar event hosted by a nonprofit organization or business association, if the seminar, discussion, or event: 1. is not prerecorded; and 2. features an interactive element between the buyer and host or other buyers contemporaneous with the seminar, discussion, or event; (iv) a professional service obtained electronically or delivered through the use of technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; (v) a product having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities where the purchaser holds a copyright or other intellectual property interest in the product, in whole or in part, if the purchaser uses the product solely for commercial purposes, including advertising or other marketing activities; or (vi) computer software or software as a service purchased or licensed solely for commercial purposes in an enterprise computer system, including operating programs or application software for the exclusive use of the enterprise software system, that is housed or maintained by the purchaser or on a cloud server, whether hosted by the purchaser, the software vendor, or a third party. (c–5) (1) “End user” means any person who receives or accesses a digital code, digital product code, or taxable service described under subsection (m)(14) or (15) of this section for use. (2) “End user” does not include any person who receives a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section for further commercial broadcast, rebroadcast, transmission, retransmission, licensing, relicensing, distribution, redistribution, or exhibition of the digital product. (c–6) “Home amenity” means any portion, whether indoors or outdoors, of a residential property, excluding bedrooms or any portion of the property intended for sleeping quarters, that is occupied by the hour and for not more than 15 hours consecutively. (c–7) “Home amenity rental” means the temporary use in exchange for consideration of a home amenity. (c–8) (1) “Home amenity rental intermediary” means a person, other than a home amenity rental provider, who facilitates the sale or use of a home amenity and charges a buyer the taxable price for the home amenity rental. (2) For purposes of this subsection, a person shall be considered to facilitate the sale or use of a home amenity if the person brokers, coordinates, or in any other way arranges for the sale or use of a home amenity by a buyer. (c–9) “Home amenity rental platform” means an Internet–based digital entity that: (1) advertises the availability of home amenities; and (2) receives compensation for facilitating reservations or processing booking transactions on behalf of the owner, operator, or manager of a home amenity. (c–10) (1) “Marketplace facilitator” means a person that: (i) facilitates a retail sale by a marketplace seller by listing or advertising for sale in a marketplace tangible personal property, digital code, or a digital product; and (ii) regardless of whether the person receives compensation or other consideration in exchange for the person’s services, directly or indirectly through agreements with third parties, collects payment from a buyer and transmits the payment to the marketplace seller. (2) “Marketplace facilitator” does not include: (i) a platform or forum that exclusively provides Internet advertising services, including listing products for sale, if the platform or forum does not also engage, directly or indirectly, in collecting payment from a buyer and transmitting that payment to the vendor; (ii) a payment processor business appointed by a vendor to handle payment transactions from clients, including credit cards and debit cards, whose only activity with respect to marketplace sales is to handle transactions between two parties; or (iii) a delivery service company that delivers tangible personal property on behalf of a marketplace seller that is engaged in the business of a retail vendor and holds a license issued under Subtitle 7 of this title. (c–11) “Marketplace seller” means a person that makes a retail sale or sale for use through a physical or electronic marketplace operated by a marketplace facilitator. (c–12) “NAICS” means the North American Industrial Classification System, United States Manual, 2022 Edition, published by the United States Office of Management and Budget. (c–13) “Permanent” means perpetual or for an indefinite or unspecified length of time. (d) “Person” includes: (1) this State or a political subdivision, unit, or instrumentality of this State; (2) another state or a political subdivision, unit, or instrumentality of that state; and (3) a unit or instrumentality of a political subdivision of this State or of another state. (e) “Prepaid telephone calling arrangement” means the right to use telecommunications services, paid for in advance, that enables the origination of calls using an access number or authorization code, whether manually or electronically dialed. (e–1) (1) “Primary use location” means the street address representative of where the buyer’s use of a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section will primarily occur, as determined by: (i) the residential street address or a business street address of the actual end user of the digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section including, if applicable, the address of a donee of the buyer that is designated by the buyer; or (ii) if the buyer is not an individual, the location of the buyer’s end users, including employees, or equipment that makes use of the digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section. (2) “Primary use location” does not include the location of a person who is not any end user or who uses a digital code, digital product, or taxable service described under subsection (m)(14) or (15) of this section as the purchaser of a separate good or service from the buyer. (f) (1) “Production activity” means: (i) except for processing food or a beverage by a retail food vendor, assembling, manufacturing, processing, or refining tangible personal property for resale; (ii) generating electricity for sale or for use in another production activity; (iii) 1. laundering, maintaining, or preparing textile products for rental; or 2. laundering, maintaining, or preparing textile products in providing the taxable service of commercial cleaning or laundering of textiles for a buyer who is engaged in a business tha

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)