Maryland Real Estate Licensing Law
Maryland Code · 159 sections
The following is the full text of Maryland’s real estate 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 10-101
§10–101.
(a) In this title the following words have the meanings indicated.
(b) “Admission to the Bar” means, unless the context requires otherwise, authorization by the Supreme Court of Maryland to practice law in the State.
(c) “Attorney at law” means a lawyer who, while practicing law, represents another person.
(d) “Bar” means, unless the context requires otherwise, the Bar of the Supreme Court of Maryland.
(e) “Board” means the State Board of Law Examiners.
(f) (1) “Court” means, unless the context requires otherwise:
(i) the Supreme Court of Maryland;
(ii) the Appellate Court of Maryland;
(iii) a circuit court; or
(iv) the District Court of Maryland.
(2) “Court” does not include:
(i) an orphans’ court; or
(ii) the Maryland Tax Court.
(g) “Lawyer” means an individual who is admitted to the Bar.
(h) (1) “Practice law” means to engage in any of the following activities:
(i) giving legal advice;
(ii) representing another person before a unit of the State government or of a political subdivision; or
(iii) performing any other service that the Supreme Court of Maryland defines as practicing law.
(2) “Practice law” includes:
(i) advising in the administration of probate of estates of decedents in an orphans’ court of the State;
(ii) preparing an instrument that affects title to real estate;
(iii) preparing or helping in the preparation of any form or document that is filed in a court or affects a case that is or may be filed in a court; and
(iv) giving advice about a case that is or may be filed in a court.
Md. Code, Bus. Occ. & Prof. GBO 10-304
§10–304.
(a) Except as provided in subsection (b) of this section, a lawyer expeditiously shall deposit trust money into an attorney trust account.
(b) Subsection (a) of this section does not apply if there is a court order to the contrary.
(c) Notwithstanding subsection (a) of this section or any other law, a lawyer may disburse, at settlement in a real estate transaction, trust money that the lawyer receives in the transaction.
Md. Code, Bus. Occ. & Prof. GBO 16-101
§16–101.
(a) In this title the following words have the meanings indicated.
(b) (1) “Appraisal” means an analysis, conclusion, or opinion about the nature, quality, utility, or value of interests in or aspects of identified real estate.
(2) “Appraisal” includes:
(i) a valuation appraisal;
(ii) an analysis assignment; and
(iii) a review assignment.
(3) “Appraisal” does not include an opinion to a potential seller or third party by a person licensed under Title 17 of this article about the recommended listing price or recommended purchase price of real estate, provided that the opinion is not referred to as an appraisal.
(c) “Appraisal report” means any communication, oral or written, of an appraisal.
(d) “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(e) (1) “Certificate” means, unless the context requires otherwise, a certificate issued by the Commission that allows an individual to provide certified real estate appraisal services.
(2) “Certificate” includes, unless the context requires otherwise, each of the following certificates:
(i) a certificate to provide certified real estate appraisal services for general real estate; and
(ii) a certificate to provide certified real estate appraisal services for residential real estate.
(f) “Certified appraisal report” means an appraisal report prepared and signed by a certified real estate appraiser.
(g) (1) “Certified real estate appraiser” means, unless the context requires otherwise, an individual who is certified by the Commission to provide certified real estate appraisal services.
(2) “Certified real estate appraiser” includes:
(i) a certified real estate appraiser for general real estate; and
(ii) a certified real estate appraiser for residential real estate.
(h) “Commission” means the State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors.
(i) “Home inspection” means a written evaluation of one or more of the components of an existing residential building, including the heating system, cooling system, plumbing system, electrical system, structural components, foundation, roof, masonry structure, exterior and interior components, or any other related residential housing component.
(j) “Home inspector” means an individual who provides home inspection services for compensation.
(k) “License” means, unless the context requires otherwise, a license issued by the Commission to provide real estate appraisal services or to provide home inspection services.
(l) “Licensed home inspector” means an individual who is licensed by the Commission to provide home inspection services.
(m) “Licensed real estate appraiser” means an individual who is licensed by the Commission to provide real estate appraisal services.
(n) “Provide certified real estate appraisal services” means to provide real estate appraisal services as a certified real estate appraiser.
(o) “Provide home inspection services” means to provide home inspection services as a licensed home inspector.
(p) “Provide real estate appraisal services” means to make for consideration an appraisal of real estate or prepare or sign an appraisal report in connection with a federally related transaction, as defined in the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
(q) (1) “Real estate” means any interest in real property that is located in the State or elsewhere.
(2) “Real estate” includes:
(i) an interest in a condominium; and
(ii) a time–share estate or a time–share license, as those terms are defined in § 11A–101 of the Real Property Article.
(r) “Real estate appraiser trainee” means an individual who is licensed by the Commission to provide real estate appraisal services while:
(1) under the supervision of a supervising appraiser; and
(2) in training to become a licensed real estate appraiser or certified real estate appraiser.
(s) “Supervising appraiser” means a certified residential real estate appraiser or a certified general real estate appraiser who has the responsibility of supervising one or more real estate appraiser trainees.
(t) (1) “Supervision” means the responsibility of a supervising appraiser to provide on–site direction or immediately available direction, through written instructions or by electronic means, to real estate appraiser trainees performing real estate appraisal services.
(2) “Supervision” includes a supervising appraiser accepting direct responsibility for a real estate appraisal prepared by the real estate appraiser trainee while the trainee is under the supervising appraiser’s direction on a specific appraisal assignment.
Md. Code, Bus. Occ. & Prof. GBO 16-202
§16–202.
(a) (1) The Commission consists of 15 members.
(2) Of the 15 members of the Commission:
(i) at least 2 shall be certified general real estate appraisers;
(ii) 2 shall be certified general real estate appraisers, certified residential real estate appraisers, or licensed real estate appraisers;
(iii) 2 shall be representatives of a financial institution who are not certified or licensed real estate appraisers or home inspectors;
(iv) 4 shall be licensed home inspectors, each of whom shall have held a license as a home inspector in the State for at least 5 years;
(v) 4 shall be consumer members; and
(vi) 1 shall be a representative of an appraisal management company registered under Subtitle 5B of this title.
(3) The Governor shall:
(i) appoint the members with the advice of the Secretary and with the advice and consent of the Senate; and
(ii) consider demographic and geographic diversity when making appointments to the Commission.
(b) Each member of the Commission shall be a citizen of the State.
(c) (1) Each consumer member of the Commission:
(i) shall be a member of the general public;
(ii) may not be a licensee, holder of a certificate, or otherwise be subject to regulation by the Commission;
(iii) may not be required to meet the qualifications for the professional members of the Commission; and
(iv) may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Commission.
(2) While a member of the Commission, a consumer member may not:
(i) have a financial interest in or receive compensation from a person regulated by the Commission; or
(ii) grade any examination given by or for the Commission.
(d) Before taking office, each appointee to the Commission shall take the oath required by Article I, § 9 of the Maryland Constitution.
(e) (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 Commission on January 1, 1991.
(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) A member may not serve for more than 2 consecutive 3–year terms.
(f) (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 Commission meetings held during any consecutive 12–month period while the member was serving on the Commission.
(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. Occ. & Prof. GBO 16-203
§16–203.
(a) (1) From among its members, the Commission annually shall elect a chairman and a vice chairman, provided:
(i) if a chair is elected from among the real estate appraiser members, then the vice chairman shall be elected from among the licensed home inspector members; and
(ii) if a chair is elected from among the licensed home inspector members, then the vice chairman shall be elected from among the real estate appraiser members.
(2) At the end of a term, the chairman and vice chairman may be reelected.
(b) The chairman shall perform the duties that this title and the Commission require.
(c) While in office, the chairman shall be covered by a surety bond or an insurance policy of the type and in the amount of coverage determined by the State Treasurer under § 5–108 of the State Government Article.
Md. Code, Bus. Occ. & Prof. GBO 16-204
§16–204.
(a) (1) Subject to paragraph (2) of this subsection, a majority of the members then serving on the Commission is a quorum.
(2) A majority of the members then serving on the Commission is not a quorum unless 2 home inspector members and 2 real estate appraiser members are present.
(b) (1) The Commission shall meet at least once each calendar quarter, at the times and places that the Commission determines.
(2) Each member of the Commission shall receive written notice of the time and place of a meeting at least 10 days before the scheduled date of the meeting.
(3) Within a reasonable time after giving notice to the Commission, a member of the public is entitled to be heard, at a meeting of the Commission, on any matter within the jurisdiction of the Commission.
(c) Each member of the Commission is entitled to:
(1) compensation in accordance with the State budget; and
(2) reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Bus. Occ. & Prof. GBO 16-205
§16–205.
(a) (1) The Secretary shall appoint the executive director of the Commission from a list of 3 nominees submitted by the Commission.
(2) The executive director serves at the pleasure of the Secretary.
(b) (1) The executive director may not hold any position or engage in another business that:
(i) interferes with the position of executive director; or
(ii) might conflict with the position of executive director.
(2) While employed by the Commission, the executive director may not:
(i) be licensed in any state as a real estate appraiser or a home inspector;
(ii) engage in any act for which a license is required under this title; or
(iii) in connection with any real estate appraisal transaction or home inspection engagement, directly or indirectly receive or become entitled to receive any compensation, fee, or perquisite.
(c) The executive director is entitled to:
(1) compensation in accordance with the State budget; and
(2) reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(d) The executive director is a special appointment in the State Personnel Management System.
(e) While employed as executive director, the executive director shall be covered by a surety bond or an insurance policy of the type and in the amount of coverage determined by the State Treasurer under § 5–108 of the State Government Article.
Md. Code, Bus. Occ. & Prof. GBO 16-207
§16–207.
(a) The Commission, in accordance with the State budget, may employ:
(1) a general staff; and
(2) an investigative staff to conduct investigations.
(b) While employed by the Commission, an individual may not:
(1) be licensed in any state as a real estate appraiser or home inspector;
(2) engage in any act for which a license is required under this title; or
(3) in connection with any real estate appraisal transaction or home inspection engagement, directly or indirectly receive or become entitled to receive any compensation, fee, or perquisite.
Md. Code, Bus. Occ. & Prof. GBO 16-208
§16–208.
(a) To protect the interests of the public, the Commission shall promptly adopt, by regulation:
(1) appraisal standards of conduct for all individuals licensed or certified as real estate appraisers under this title, including standards regarding conflicts of interest and ethical conduct; and
(2) a code of ethics and standards of practice for individuals licensed as home inspectors under this title.
(b) The Commission shall promptly adopt at a minimum the uniform standards of professional appraisal practice of the appraisal foundation to meet the requirement under subsection (a) of this section.
(c) At the request of a licensee or certificate holder, the Commission shall provide a copy of the appraisal standards it adopts to the licensed or certified real estate appraiser or a copy of home inspection standards it adopts to the licensed home inspector.
Md. Code, Bus. Occ. & Prof. GBO 16-209
§16–209.
(a) (1) The Commission shall administer and enforce the provisions of this title.
(2) In connection with any action to enforce the provisions of this title, the Commission may:
(i) hold hearings;
(ii) administer oaths;
(iii) issue a subpoena for the attendance of a witness to testify or the production of evidence; or
(iv) take depositions in the same manner as provided in civil cases in the State.
(3) The Police Department of Baltimore City, the sheriff of a county, or a private process server shall serve a subpoena issued under this subsection.
(4) If a person fails to comply with a subpoena issued under this subsection, on petition of the Commission or another party, a circuit court may compel compliance with the subpoena.
(b) (1) If the Commission concludes that conduct alleged to be a violation of any provision of this title may result in irreparable harm to a person, the Commission may sue to enforce a provision of this title by ex parte, interlocutory, or final injunction.
(2) In seeking an injunction under this subsection, the Commission is not required to:
(i) post bond, if the injunction is sought against a person who does not hold a license issued under this title;
(ii) allege or prove that an adequate remedy at law does not exist; or
(iii) allege or prove that substantial or irreparable damage would result from the continued violation of the provision.
(c) (1) Subject to the provisions of this section, the Commission shall conduct an investigation that relates to any complaint alleging that an unauthorized person has provided real estate appraisal services or home inspection services.
(2) A complaint shall:
(i) be in writing;
(ii) state specifically the facts on which the complaint is based; and
(iii) be submitted to the Commission.
(3) If a complaint is made by any person other than a member of the Commission, the complaint shall be made under oath by the person who submits the complaint.
(d) A member of the Commission may not be held personally liable for any action taken under this section.
Md. Code, Bus. Occ. & Prof. GBO 16-210
§16–210.
(a) The Commission shall establish a Real Estate Appraisal Hearing Board.
(b) (1) The Hearing Board shall consist of 3 members of the Commission, appointed by the Commission.
(2) Of the 3 positions on the Real Estate Appraisal Hearing Board:
(i) 1 shall be a representative of a financial institution;
(ii) 1 shall be a consumer member; and
(iii) 1 shall be an appraiser with a level of licensure or certification at least equal to the individual subject to the disciplinary action.
(c) From among the members of the Hearing Board, the Commission shall designate a chairman.
Md. Code, Bus. Occ. & Prof. GBO 16-212
§16–212.
(a) The Commission shall keep an indexed record of:
(1) each application for licensure or certification;
(2) each issuance of a license or certificate;
(3) each reprimand of a licensed real estate appraiser or certified real estate appraiser or licensed home inspector; and
(4) each suspension or revocation of a licensed real estate appraiser or certified real estate appraiser or licensed home inspector.
(b) The Commission shall make available to the public:
(1) the record during business hours; and
(2) on request, a copy of the record at a reasonable price that the Commission sets.
Md. Code, Bus. Occ. & Prof. GBO 16-212.1
§16–212.1.
(a) A licensed or certified real estate appraiser shall file with the Commission or a designee otherwise provided by law at the end of every calendar quarter a report listing the address and appraised value of residential real estate in Baltimore City upon which the appraiser performed an appraisal during the calendar quarter.
(b) The report shall be open for inspection only to representatives of government agencies for investigation of fraudulent practices.
Md. Code, Bus. Occ. & Prof. GBO 16-213
§16–213.
(a) The Commission shall issue at least annually a roster that shows:
(1) the name of each licensed real estate appraiser trainee, licensed real estate appraiser, certified real estate appraiser, and licensed home inspector; and
(2) the name and place of business of each licensed real estate appraiser, certified real estate appraiser, and licensed home inspector.
(b) On request, the Commission shall make available to the public a copy of the roster at a reasonable price that the Commission sets.
Md. Code, Bus. Occ. & Prof. GBO 16-214
§16–214.
On request, the Commission shall issue a document of good standing to a licensed real estate appraiser trainee, licensed real estate appraiser, certified real estate appraiser, or licensed home inspector who:
(1) is in good standing in the State; and
(2) pays the issuance fee set by the Commission.
Md. Code, Bus. Occ. & Prof. GBO 16-216
§16–216.
In addition to any powers set forth elsewhere, the Commission may:
(1) sponsor research and other educational activities about real estate appraising or home inspecting;
(2) adopt any regulation to carry out the provisions of this title;
(3) review and approve any on-site training programs, including programs that have been approved by national home inspection organizations;
(4) keep a record of its proceedings; and
(5) adopt an official seal to authenticate its proceedings, official records, licenses, and certificates.
Md. Code, Bus. Occ. & Prof. GBO 16-217
§16–217.
(a) (1) Beginning on July 1, 2011, the Commission may set by regulation reasonable fees for its services.
(2) The fees charged shall be:
(i) set so as to produce funds to approximate the cost of maintaining the Commission; and
(ii) based on the calculations performed by the Secretary of Labor under § 2–106.8 of the Business Regulation Article.
(b) The Commission shall publish the fee schedule set by the Commission.
(c) (1) Beginning on July 1, 2011, the Commission shall pay all fees collected under this title to the Comptroller.
(2) The Comptroller shall distribute the fees to the State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors Fund established in § 2–106.7 of the Business Regulation Article.
Md. Code, Bus. Occ. & Prof. GBO 16-301
§16–301.
(a) After June 30, 1991, and except as otherwise provided in this title, an individual shall be licensed by the Commission to provide real estate appraisal services before the individual may provide real estate appraisal services in the State.
(b) This section does not apply to an individual who provides real estate appraisal services that are only incidental real estate appraisal services, including home inspectors and environmental auditors.
(c) In addition to subsection (b) of this section, this section does not apply to an individual who provides real estate appraisal services that the Commission defines by regulation to be only incidental real estate appraisal services.
(d) This section does not apply to an individual who is licensed to practice any business or occupation in the State while acting within the scope of the license.
Md. Code, Bus. Occ. & Prof. GBO 16-302
§16–302.
(a) To qualify for a real estate appraisal license, an applicant shall be an individual who meets the requirements of this section.
(b) An applicant shall be of good character and reputation.
(c) An applicant shall be at least 18 years old.
(d) (1) An applicant shall satisfy the minimum real estate appraiser qualifications for licensure established under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
(2) An applicant shall have completed:
(i) at least 1,000 hours providing real estate appraiser services as a real estate appraiser trainee under the supervision of a certified appraiser; or
(ii) the Real Property Appraiser Qualification Criteria of the Practical Applications of Real Estate Appraisal program adopted by the Appraisal Foundation Appraiser Qualifications Board authorized under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
(3) Classroom hours of study required by this section may be conducted by:
(i) an accredited university, college, or community or junior college;
(ii) an approved appraisal society, institute, or association; or
(iii) another school that the Commission approves.
(4) The Commission shall approve all courses of study required under this section.
(5) The Commission may not require an applicant to hold a bachelor’s degree or higher to qualify for licensure under this section.
(e) Except as otherwise provided in this subtitle, the applicant shall pass an examination given by the Commission or the Commission’s designee under this subtitle.
(f) (1) If an applicant is not a resident of the State, the applicant shall submit to the Commission an irrevocable consent, as provided under this subsection.
(2) The consent required under this section shall specify that service of process on the Secretary shall bind the applicant in any action about the provision of real estate appraisal services brought against the applicant in any county of the State.
(g) The Commission shall adopt additional requirements under this section if necessary to comply with the minimum real estate appraiser qualifications established under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
(h) The Commission may monitor and review any course of study approved under this section.
Md. Code, Bus. Occ. & Prof. GBO 16-304
§16–304.
(a) Except as otherwise provided in § 16-304.1 of this subtitle, an applicant who otherwise qualifies for a license is entitled to be examined as provided in this section.
(b) The Commission periodically shall give examinations to qualified applicants at the times and places that the Commission determines.
(c) The Commission shall give each qualified applicant notice of the times and places that the Commission determines.
(d) To take an examination, an applicant shall pay an examination fee to the Commission or the Commission’s designee in an amount established by the Commission not to exceed the cost of the examination.
(e) (1) Except as otherwise provided in this subsection, the Commission shall determine the subjects, scope, form, and the passing score for examinations given under this subtitle.
(2) The Commission shall structure the examinations for a real estate appraisal license to test the knowledge of an applicant of real estate appraisal theory and practice and the standards of conduct that the Commission adopts under § 16-208 of this title.
Md. Code, Bus. Occ. & Prof. GBO 16-305
§16–305.
(a) Subject to the provisions of this section, the Commission may waive the examination requirements of this subtitle for an individual who is licensed to provide real estate appraisal services in another state.
(b) The Commission may grant a waiver under this section only if the applicant:
(1) pays to the Commission the application fee set by the Commission under § 16–303 of this subtitle; and
(2) provides adequate evidence that the applicant:
(i) is licensed by a state that is in compliance with Title XI of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as determined by the Appraisal Subcommittee of the federal Financial Institutions Examinations Council;
(ii) holds a valid license issued by that state; and
(iii) became licensed in the other state after meeting, in that state, requirements that are substantially equivalent to or exceed the licensing requirements of this State.
Md. Code, Bus. Occ. & Prof. GBO 16-310
§16–310.
(a) The Commission shall reinstate the license of a real estate appraiser who has failed to renew the license, if the real estate appraiser:
(1) applies to the Commission for reinstatement within 3 years after the license expires;
(2) meets the requirements of § 16–308 of this subtitle; and
(3) in addition to the renewal fee required under § 16–308 of this subtitle, pays to the Commission a reinstatement fee set by the Commission.
(b) (1) If an individual fails to renew a license for any reason and applies to the Commission for reinstatement more than 3 years after the license has expired, the Commission may:
(i) require the individual to reapply for a license under § 16–302 of this subtitle; or
(ii) subject to paragraph (2) of this subsection, reinstate the license.
(2) The Commission may reinstate a license under paragraph (1)(ii) of this subsection only if the individual:
(i) meets the renewal requirements of § 16–308 of this subtitle;
(ii) if required by the Commission, states the reasons why reinstatement should be granted; and
(iii) in addition to the renewal fee required under § 16–308 of this subtitle, pays to the Commission a reinstatement fee set by the Commission.
Md. Code, Bus. Occ. & Prof. GBO 16-312
§16–312.
(a) A licensed real estate appraiser shall:
(1) maintain a principal place of business; and
(2) in that principal place of business, display conspicuously the license issued under this subtitle.
(b) (1) Each licensee promptly shall give the Commission written notice of any change of name or address from that which appears on the current license.
(2) On receipt of notice, the Commission shall issue to the licensee a new license for the unexpired term.
(3) A licensee who is not a resident of the State may not be required to maintain a place of business in this State if the licensee maintains an active place of business in another state.
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 16-401
§16–401.
(a) Subject to the provisions of subsection (b) of this section, a licensed real estate appraiser shall keep, for 5 years from the date of delivery to the client, the original or a copy of:
(1) each contract the licensee enters into for the provision of real estate appraisal services;
(2) each appraisal report the licensee prepares or signs; and
(3) all supporting data that the licensee assembles or formulates to prepare an appraisal report.
(b) If, within the 5-year period for the retention of records, a licensed real estate appraiser is given notice that an appraisal or appraisal report is involved in litigation, a new 5-year period shall start on the date of the final disposition of the litigation.
(c) On request, a licensed real estate appraiser shall make any record required to be kept under this section available to the Commission to inspect or copy.
Md. Code, Bus. Occ. & Prof. GBO 16-402
§16–402.
(a) (1) In this section the following words have the meanings indicated.
(2) “Independent appraisal service” means an engagement for which a licensed real estate appraiser is perceived by a third party or the public to act as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion about the nature, quality, use, or value for identified real estate, regardless of the intent of the employer.
(3) (i) “Specialized appraisal service” means all appraisal services, other than an independent appraisal service.
(ii) “Specialized appraisal service” includes:
1. marketing and feasibility studies that are designed to persuade third parties that a market exists or that a project is feasible; and
2. analyses, opinions, conclusions, or estimates of value about real estate investment, mortgage banking, real estate counseling, and real estate tax counseling.
(b) A licensed real estate appraiser who provides an independent appraisal service may not accept a fee that is contingent on a predetermined analysis, opinion, or conclusion or on the results achieved by the appraisal assignment.
(c) (1) A licensed real estate appraiser who provides a specialized appraisal service may be paid a fixed fee or a fee that is contingent on the results achieved by the specialized appraisal service.
(2) A licensed real estate appraiser who agrees to provide a specialized appraisal service for a contingent fee shall state the existence of the agreement clearly in:
(i) an oral appraisal report;
(ii) a prominent place in a written appraisal report;
(iii) the certification statement that accompanies a written appraisal report; and
(iv) a letter of transmittal.
Md. Code, Bus. Occ. & Prof. GBO 16-4A-01
§16–4A–01.
(a) A licensed home inspector shall give to each person for whom the licensee performs a home inspection for compensation or to the person’s representative, a written report that states:
(1) the scope and the exclusions of the inspection;
(2) the conditions observed during the home inspection that are subject to the adopted standards of practice and code of ethics approved by the Commission;
(3) the license number of the licensee; and
(4) a disclosure in 14–point bold type that includes the following statements:
(i) “An inspection is intended to assist in the evaluation of the overall condition of a building. The inspection is based on observation of the visible and apparent condition of the building and its components on the date of the inspection”;
(ii) “The results of this home inspection are not intended to make any representation regarding latent or concealed defects that may exist, and no warranty or guaranty is expressed or implied”;
(iii) “If your home inspector is not a licensed structural engineer or other professional whose license authorizes the rendering of an opinion as to structural integrity of a building or the condition of its components or systems, you may wish to seek the professional opinion of a licensed structural engineer or other professional regarding any possible defects or other observations set forth in this report”; and
(iv) “Only home inspections performed by Maryland licensed home inspectors will be recognized as a valid home inspection under a real estate contract”.
(b) The licensee shall give the person or the person’s representative the report:
(1) by the date set in a written agreement by the parties to the home inspection; or
(2) within 7 business days after the home inspection was performed, if no date was set in a written agreement by the parties to the home inspection.
(c) Any limitation of the liability of the licensee for any damages resulting from the report on the home inspection shall be agreed to in writing by the parties to the home inspection prior to the performance of the home inspection.
Md. Code, Bus. Occ. & Prof. GBO 16-501
§16–501.
(a) After June 30, 1991, and except as otherwise provided in this title, an individual shall be certified by the Commission to provide certified real estate appraisal services before the individual may provide certified real estate appraisal services in the State.
(b) Notwithstanding subsection (a) of this section, a licensed real estate appraiser who is not certified may:
(1) help a certified real estate appraiser to prepare a certified appraisal report; and
(2) cosign the report.
Md. Code, Bus. Occ. & Prof. GBO 16-502
§16–502.
An individual may be certified by the Commission as a certified real estate appraiser for residential real estate or as a certified real estate appraiser for general real estate as those classifications are permitted under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
Md. Code, Bus. Occ. & Prof. GBO 16-503
§16–503.
(a) To qualify for a certificate for residential or general real estate appraisal, an applicant shall be an individual who meets the requirements of this section.
(b) (1) An applicant shall:
(i) be of good character and reputation;
(ii) be at least 18 years old; and
(iii) satisfy the minimum real estate appraiser qualifications for residential certification or general certification, as appropriate, established under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
(2) An applicant shall have completed:
(i) at least 1,500 hours providing real estate appraiser services as a real estate appraiser trainee under the supervision of a certified appraiser; or
(ii) the Real Property Appraiser Qualification Criteria of the Practical Applications of Real Estate Appraisal program adopted by the Appraisal Foundation Appraiser Qualifications Board authorized under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
(3) Classroom hours of study required under this section may be conducted by:
(i) an accredited university, college, or community or junior college;
(ii) an approved appraisal society, institute, or association; or
(iii) another school that the Commission approves.
(4) The Commission shall approve all courses of study required under this section.
(5) The Commission may not require an applicant to hold a bachelor’s degree or higher to qualify for residential certification under this section.
(c) An applicant shall pass the examination for a certificate for residential or general real estate appraisal given by the Commission or the Commission’s designee under this subtitle.
(d) (1) If an applicant is not a resident of the State, the applicant shall submit to the Commission an irrevocable consent, as provided under this subsection.
(2) The consent required under this subsection shall specify that service of process on the Secretary of State shall bind the applicant in any action about the provision of certified real estate appraisal services against the applicant in any county of the State.
(e) An applicant shall meet any other requirement that the Commission adopts by regulation.
(f) The Commission shall adopt additional requirements under this section if necessary to comply with the minimum real estate appraiser qualifications established under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
Md. Code, Bus. Occ. & Prof. GBO 16-506
§16–506.
(a) Except as otherwise provided in § 16-506.1 of this subtitle, an applicant who otherwise qualifies for a certificate is entitled to be examined as provided in this section.
(b) The Commission periodically shall give examinations to qualified applicants at the times and places that the Commission determines.
(c) The Commission shall give each qualified applicant notice of the time and place of examination.
(d) To take an examination, an applicant shall pay an examination fee to the Commission or the Commission’s designee in an amount not to exceed the cost of the examination as established by the Commission.
(e) (1) Except as otherwise provided in this subsection, the Commission shall determine the scope and the passing score for examinations given under this subtitle.
(2) The form of an examination shall be written.
(3) An examination shall test knowledge of:
(i) technical terms commonly used in real estate appraising and economic concepts applicable to real estate;
(ii) real estate appraisal theory and practice and real estate appraisal process;
(iii) standards for the development and communication of real estate appraisals;
(iv) standards of conduct that the Commission adopts under § 16-208 of this title;
(v) theories of depreciation, cost estimating, methods of capitalization, the mathematics of real estate appraisal, and other principles that are appropriate for the certificate for which the applicant applies;
(vi) basic real estate law; and
(vii) misconduct for which disciplinary proceedings may be started against a certified real estate appraiser for residential real estate or a certified real estate appraiser for general real estate.
Md. Code, Bus. Occ. & Prof. GBO 16-507
§16–507.
(a) Subject to the provisions of this section, the Commission may waive the examination requirements of this subtitle for an individual who is certified to provide certified real estate appraisal services in another state.
(b) The Commission may grant a waiver under this section only if the applicant:
(1) pays to the Commission the application fee set by the Commission under § 16–505 of this subtitle; and
(2) provides adequate evidence that the applicant:
(i) is certified by a state that is in compliance with Title XI of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as determined by the Appraisal Subcommittee of the federal Financial Institutions Examinations Council;
(ii) holds a valid certificate issued by that state; and
(iii) was certified in the other state after meeting, in that state, requirements that are substantially equivalent to or exceed the certification requirements of this State.
Md. Code, Bus. Occ. & Prof. GBO 16-511
§16–511.
(a) To qualify for renewal of a certificate under this subtitle, a holder of a certificate shall provide to the Commission adequate evidence that the holder meets the continuing education requirements established for certification under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
(b) A holder of a certificate may partly satisfy the requirement of subsection (a) of this section if the holder provides to the Commission adequate evidence that the holder:
(1) has completed an educational program that the Commission determines to be equal to that which the Commission approves; or
(2) in an educational program that the Commission approves and that is about real property appraisal theory and practice:
(i) has participated as a teacher, preparer of instructional materials, or in another similar capacity; but
(ii) has not participated as a student.
(c) The continuing education courses shall be conducted by:
(1) an accredited university, college, or community or junior college;
(2) an approved appraisal society, institute, or association; or
(3) another school that the Commission approves.
(d) If feasible, continuing education courses shall be offered at reasonable intervals in each county and in each major geographic area of the larger counties.
(e) On completion of a continuing education course by a certificate holder, the entity that conducted the course or the instructor shall issue to the certificate holder a document of completion that states the number of classroom hours of that course.
(f) The Commission may waive the requirements of this section for a certificate holder if the certificate holder shows good cause for being unable to meet the requirements.
(g) (1) A real estate appraiser has a grace period of 6 months after the certificate of the real estate appraiser expires in which to renew it retroactively, if:
(i) the real estate appraiser is otherwise entitled to have it renewed;
(ii) the Commission determines that the real estate appraiser has failed to meet the requirements for renewal through mistake, misunderstanding, or circumstances beyond the control of the real estate appraiser; and
(iii) pays the renewal fee to the Commission.
(2) If a real estate appraiser renews a certificate within the 6-month grace period, the term of the renewal shall start the day after the certificate held originally by the real estate appraiser expired.
Md. Code, Bus. Occ. & Prof. GBO 16-512
§16–512.
(a) The Commission shall reinstate the certificate of a real estate appraiser who has failed to renew the certificate during the regular term of the certificate or the grace period, if the real estate appraiser:
(1) applies to the Commission for reinstatement within 3 years after the certificate expires;
(2) meets the requirements of § 16–511 of this subtitle; and
(3) in addition to the renewal fee required under § 16–511 of this subtitle, pays to the Commission a reinstatement fee set by the Commission.
(b) (1) If an individual fails to renew a certificate for any reason and applies to the Commission for reinstatement more than 3 years after the certificate has expired, the Commission may:
(i) require the individual to reapply for a certificate under § 16–505 of this subtitle; or
(ii) subject to paragraph (2) of this subsection, reinstate the certificate.
(2) The Commission may reinstate a certificate under paragraph (1)(ii) of this subsection only if the individual:
(i) meets the renewal requirements of § 16–511 of this subtitle;
(ii) if required by the Commission, states the reasons why reinstatement should be granted; and
(iii) in addition to the renewal fee required under § 16–511 of this subtitle, pays to the Commission a reinstatement fee set by the Commission.
Md. Code, Bus. Occ. & Prof. GBO 16-513
§16–513.
(a) A certified real estate appraiser shall place the certificate number assigned by the Commission to the appraiser on each document that refers to the certified status of the appraiser.
(b) On a certified real estate appraiser report, the certificate number shall appear adjacent to the title “certified residential real estate appraiser” or “certified general real estate appraiser”.
Md. Code, Bus. Occ. & Prof. GBO 16-5A-01
§16–5A–01.
(a) To qualify for a real estate appraiser trainee license, an applicant shall meet the requirements set by the Commission.
(b) An applicant for a real estate appraiser trainee license shall:
(1) submit an application to the Commission on the form that the Commission requires;
(2) be of good character and reputation;
(3) be at least 18 years old;
(4) provide evidence, as required by the Commission, that the applicant has successfully completed 75 tested hours of Commission–approved real estate appraisal courses of which 15 hours shall be classroom hours in the subject of the uniform standards of professional appraisal practice; and
(5) pay to the Commission an application fee set by the Commission.
(c) (1) If an applicant is not a resident of the State, the applicant shall submit to the Commission an irrevocable consent as provided under this subsection.
(2) The consent required under this subsection shall specify that service of process on the Secretary shall bind the applicant in any action about the provision of real estate appraisal services brought against the applicant in any county of the State.
Md. Code, Bus. Occ. & Prof. GBO 16-5A-03
§16–5A–03.
(a) A supervising appraiser shall:
(1) review, sign, and certify that the real estate trainee’s appraisal report complies with the uniform standards of professional appraisal practice;
(2) physically inspect each appraised property with the real estate appraiser trainee until the supervising appraiser determines that the real estate appraiser trainee is competent in accordance with paragraph (3) of this subsection;
(3) determine that the real estate appraiser trainee meets the competency requirements of the uniform standards of professional appraisal practice;
(4) at least once a month, sign and affix the supervising appraiser’s license or certification number to the real estate appraiser trainee’s experience log;
(5) ensure that the tasks assigned a real estate appraiser trainee will, over time, provide the full range of experience required by the Commission;
(6) provide the real estate appraiser trainee with a copy of all appraisal reports prepared by the real estate appraiser trainee that the Commission requests for review; and
(7) keep copies of appraisal reports prepared by the real estate appraiser trainee for the later of:
(i) 5 years; or
(ii) 5 years after final disposition of any judicial proceeding in which testimony was given.
(b) A real estate appraiser trainee shall:
(1) keep separate experience logs for each supervising appraiser;
(2) sign appraisal reports that the real estate appraiser trainee prepares; and
(3) upon request, provide experience logs to the Commission.
(c) A real estate appraiser trainee may have more than one supervising appraiser.
(d) A real estate appraiser trainee may obtain copies of appraisal reports which were prepared by that trainee from the supervising appraiser.
(e) An appraiser trainee is subject to the uniform standards of professional appraisal practice.
Md. Code, Bus. Occ. & Prof. GBO 16-5A-04
§16–5A–04.
(a) Unless a real estate appraiser trainee license is renewed under this section, the license expires 3 years after the effective date of the license.
(b) (1) Before a real estate appraiser trainee license expires, the licensee periodically may renew the license for an additional 3–year term if the licensee:
(i) is otherwise entitled to be licensed; and
(ii) submits to the Commission:
1. a renewal application on the form that the Commission requires; and
2. adequate evidence that the licensee meets the minimum continuing education requirements established under the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
(2) At least 1 month before a real estate appraiser trainee license expires, the Commission shall mail or electronically transmit to the licensee:
(i) a renewal application form; and
(ii) a notice that states:
1. the date on which the current license expires; and
2. the amount of the renewal fee.
(3) If an electronic transmission under paragraph (2) of this subsection is returned to the Commission as undeliverable, the Commission shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (2) of this subsection within 10 business days of the date the Commission received the notice that the electronic transmission was undeliverable.
(4) The failure of a licensee to receive the notice under this subsection does not prevent the license from expiring as specified under subsection (a) of this section.
Md. Code, Bus. Occ. & Prof. GBO 16-5A-05
§16–5A–05.
The Commission shall reinstate the license of a real estate appraiser trainee who fails to renew the license if the real estate appraiser trainee:
(1) applies to the Commission for reinstatement within 3 years after the license expires;
(2) provides adequate evidence of compliance with the continuing education requirements under § 16–5A–04 of this subtitle for license renewal;
(3) if required by the Commission, states the reasons why reinstatement should be granted; and
(4) pays to the Commission a reinstatement fee set by the Commission.
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-03
§16–5B–03.
(a) A person shall register with the Commission before the person:
(1) engages or attempts to engage in business as an appraisal management company;
(2) provides or attempts to provide appraisal management services; or
(3) advertises or represents the person to be an appraisal management company.
(b) The registration required under subsection (a) of this section shall include:
(1) the name of the person seeking registration;
(2) the business address of the person seeking registration;
(3) the phone contact information of the person seeking registration;
(4) if the person seeking registration is not a corporation that is domiciled in the State, the name and contact information for the company’s agent for service of process in this State;
(5) the name, address, and contact information of any individual or any corporation, partnership, or other business entity that owns 10% or more of the person seeking registration;
(6) a certification that the person seeking registration will verify that a person being added to the appraiser panel of the appraisal management company holds an appropriate license or certification in good standing in the State under this subtitle for the purpose of performing real estate appraisals;
(7) a certification that the person seeking registration requires appraisers completing appraisals at its request to comply with the Uniform Standards of Professional Appraisal Practice, including the requirements for geographic and product competence;
(8) a certification that the person seeking registration will require appraisals to be conducted independently as required by the appraisal independence standards under Section 129E of the Truth in Lending Act, including the requirements of payment of a reasonable and customary fee to appraisers when the appraisal management company is providing services for a consumer credit transaction secured by the principal dwelling of a consumer;
(9) a certification that the person seeking registration maintains a detailed record of each service request that it receives and the appraiser that performs the residential real estate appraisal services for the person under § 16–5B–09 of this subtitle;
(10) an irrevocable Uniform Consent to Service of Process in accordance with § 16–5B–04(c) of this subtitle; and
(11) any other information that the Commission reasonably requires to implement this subtitle.
(c) If the registration process required under subsection (a) of this section has not been established as of the effective date of this subtitle, an appraisal management company may, without being registered under this subtitle, continue to provide appraisal management services in accordance with this subtitle for 120 days after a registration process becomes available.
(d) An appraisal management company that has submitted a complete application for registration under subsection (b) of this section may continue to provide appraisal management services in accordance with this subtitle until the Commission makes a final decision to approve or deny the company’s application for registration under this subtitle.
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-10
§16–5B–10.
(a) An appraisal management company may not:
(1) knowingly fail to separate and disclose any fees charged to a client by the appraisal management company for the completion of an appraisal by an appraiser from the fees charged to a lender, client, or any other person by an appraisal management company for providing appraisal management services; or
(2) knowingly prohibit an appraiser from recording the fee that the appraiser was paid by the appraisal management company for the provision of real estate services within the appraisal report that is submitted by the appraiser to the appraisal management company.
(b) The Commission may not bring disciplinary action under § 16–702.2 of this title or recommend criminal sanctions under § 16–706 of this title based solely on subsection (a) of this section.
Md. Code, Bus. Occ. & Prof. GBO 16-5B-11
§16–5B–11.
(a) (1) Each appraisal management company shall ensure that real estate appraisal services are provided independently and free from inappropriate influence and coercion under the appraisal independence standards established under Section 129E of the Truth in Lending Act.
(2) (i) An appraisal management company shall pay an appraiser reasonable and customary fees consistent with the presumptions of compliance defined under federal law.
(ii) The Commission may not bring disciplinary action under § 16–702.2 of this title or recommend criminal sanctions under § 16–706 of this title based solely on subparagraph (i) of this paragraph.
(b) An employee, partner, director, officer, or agent of an appraisal management company may not influence or attempt to influence the development, reporting, result, or review of an appraisal through coercion, extortion, collusion, compensation, inducement, intimidation, bribery, or any other means, including:
(1) compensating, colluding, or influencing, or attempting to compensate, collude, or influence a person involved in an appraisal for the purpose of causing the appraised value assigned under the appraisal to the property to be based on a factor other than the independent judgment of the appraiser;
(2) mischaracterizing, or suborning any mischaracterization of, the appraised value of a property in conjunction with a consumer credit transaction;
(3) seeking to influence an appraiser or otherwise encouraging a targeted value in order to facilitate the making or pricing of a consumer credit transaction;
(4) withholding or threatening to withhold timely payment for an appraisal report or for the provision of real estate appraisal services when the appraisal report or services are provided in accordance with a contract between the parties;
(5) withholding or threatening to withhold future business from an appraiser;
(6) demoting or terminating or threatening to demote or terminate an appraiser;
(7) expressly or impliedly promising future business, promotions, or increased compensation for an appraiser;
(8) requiring an appraiser to indemnify an appraisal management company or hold an appraisal management company harmless for any liability, damage, losses, or claims arising out of the services provided by the appraisal management company, and not the services performed by the appraiser;
(9) conditioning a request for an appraisal or the payment of an appraisal fee or salary or bonus on:
(i) an opinion, a conclusion, or a valuation to be reached; or
(ii) a preliminary estimate or opinion requested from an appraiser;
(10) requesting that an appraiser provide:
(i) an estimated, predetermined, or desired valuation in an appraisal report; or
(ii) estimated values or comparable sales at any time before the appraiser’s completion of an appraisal;
(11) except for a copy of the sales contract for purchase transactions, providing to an appraiser an anticipated, estimated, encouraged, or desired value for a subject property or a proposed or target amount to be loaned to the borrower;
(12) providing to an appraiser, or a person related to the appraiser, stock or other financial or nonfinancial benefits;
(13) allowing the removal of an appraiser from an appraiser panel without prior written notice to the appraiser;
(14) obtaining, using, or paying for a second or subsequent appraisal, or ordering an automated valuation model, in connection with a mortgage financing transaction unless:
(i) there is a reasonable basis to believe that the initial appraisal was flawed and the basis is clearly and appropriately noted in the loan file;
(ii) the subsequent appraisal or automated valuation model is done under a bona fide prefunding or postfunding appraisal review or quality control process;
(iii) a second appraisal is required under State or federal law; or
(iv) the second appraisal or automated valuation model is ordered by an appraisal management company in response to a request by a client in order to satisfy client valuation policies for the property being appraised and the second appraisal or automated valuation model is ordered by the client prior to the completion of the first appraisal; or
(15) any other act impairing or attempting to impair an appraiser’s independence or impartiality.
(c) Nothing in subsection (a) or (b) of this section may be construed to prohibit an appraisal management company from asking an appraiser to:
(1) consider additional appropriate property information, including the consideration of additional comparable properties to make or support an appraisal;
(2) provide further detail, substantiation, or explanation for an appraiser’s value conclusion; or
(3) correct errors in an appraisal report.
Md. Code, Bus. Occ. & Prof. GBO 16-5B-13
§16–5B–13.
An appraisal management company commits unprofessional conduct if the appraisal management company:
(1) requires an appraiser to modify an aspect of an appraisal report and the modification requested is not related to substandard performance or noncompliance with the terms of engagement;
(2) requires an appraiser to prepare an appraisal report if the appraiser has notified the appraisal management company that, in the appraiser’s own professional judgment, the appraiser believes the appraiser does not have the necessary expertise for the specific geographic area;
(3) requires an appraiser to prepare an appraisal report under a time frame that the appraiser has notified the appraisal management company that, in the appraiser’s own professional judgment, the appraiser believes does not afford the appraiser the ability to meet all the relevant legal and professional obligations;
(4) prohibits or inhibits communication between an appraiser and a lender, a real estate licensee, or any other person from whom the appraiser, in the appraiser’s own professional judgment, believes information would be relevant;
(5) requires the appraiser to do anything that does not comply with:
(i) the Uniform Standards of Professional Appraisal Practice; or
(ii) any assignment conditions and certifications required by the client; or
(6) makes any portion of the appraiser’s fee or the appraisal management company’s fee contingent on a favorable outcome, including:
(i) a loan closing; or
(ii) a specific dollar amount being achieved by the appraiser in the appraisal report.
Md. Code, Bus. Occ. & Prof. GBO 16-5B-17
§16–5B–17.
(a) An appraisal management company may not remove an appraiser from its appraiser panel, or otherwise refuse to assign requests for real estate appraisal services to an appraiser, without:
(1) notifying the appraiser in writing of the reasons why the appraiser is being removed from the appraiser panel of the appraisal management company;
(2) identifying the illegal conduct, violation of the Uniform Standards of Professional Appraisal Practice, violation of State licensing standards, or substandard performance or violations of contractual terms between the appraiser and the appraisal management company that the appraisal management company has a reasonable basis to believe that the appraiser has engaged in; and
(3) providing an opportunity for the appraiser to respond.
(b) (1) An appraiser that is removed from the appraiser panel of an appraisal management company for alleged illegal conduct, a violation of the Uniform Standards of Professional Appraisal Practice, or a violation of State licensing standards may file a complaint with the Commission for a review of the decision of the appraisal management company.
(2) The Commission’s review under paragraph (1) of this subsection is limited to determining whether:
(i) the appraisal management company has complied with subsection (a) of this section; and
(ii) the appraiser has committed a violation of:
1. State law; or
2. the Uniform Standards of Professional Appraisal Practice.
(c) (1) If an appraiser files a complaint against an appraisal management company under subsection (b) of this section, the Commission shall schedule a hearing within a reasonable time, not exceeding 1 year, after the complaint is filed.
(2) The time specified under paragraph (1) of this subsection may be extended for good cause by the Commission on written notice to the parties.
(d) If after opportunity for hearing and review, the Commission determines that an appraisal management company acted improperly in removing an appraiser from the appraiser panel, or that an appraiser did not commit a violation of State law or a violation of the Uniform Standards of Professional Appraisal Practice, the Commission shall order that an appraiser be restored to the appraiser panel of the appraisal management company that was the subject of the complaint.
(e) If the Commission finds that the appraisal management company acted improperly in removing the appraiser from the appraiser panel, an appraisal management company may not:
(1) reduce the number of real estate appraisal assignments the company gives to an appraiser; or
(2) penalize the appraiser in any other manner.
Md. Code, Bus. Occ. & Prof. GBO 16-701
§16–701.
(a) (1) Except as provided in paragraph (2) of this subsection, subject to the hearing provisions of § 16–602 of this title, the Commission may deny a real estate appraisal license to any applicant, deny a certificate to any applicant, reprimand any real estate appraiser licensee, reprimand any certificate holder, or suspend or revoke a real estate appraisal license or certificate if the real estate appraisal applicant, license holder, or certificate holder:
(i) fraudulently or deceptively obtains or attempts to obtain a license or certificate for the applicant, licensee, certificate holder, or for another;
(ii) fraudulently or deceptively uses a license or certificate;
(iii) commits an act or makes an omission in the provision of real estate appraisal services or certified real estate appraisal services that is an act of dishonesty, fraud, or misrepresentation if the applicant, licensee, or certificate holder intends:
1. to benefit substantially the applicant, licensee, certificate holder, or another person; or
2. to injure substantially another person;
(iv) is held civilly or criminally liable for deceit, fraud, or misrepresentation in the provision of real estate appraisal services or certified real estate appraisal services;
(v) under the laws of the United States or of any state, is convicted of:
1. a felony; or
2. a misdemeanor that is directly related to the fitness and qualification of the applicant, licensee, or certificate holder to provide real estate appraisal services;
(vi) pays a finder’s fee or a referral fee to a person who lacks a license;
(vii) makes a false or misleading statement in:
1. the part of a written appraisal report about professional qualifications; or
2. testimony about professional qualifications;
(viii) violates the confidential nature of governmental records to which a licensee or certificate holder gained access in the provision of real estate appraisal services or certified real estate services;
(ix) accepts a fee for providing an independent appraisal service in violation of this title;
(x) fails to exercise reasonable diligence to develop, prepare, or communicate an appraisal;
(xi) is negligent or incompetent in developing, preparing, or communicating an appraisal;
(xii) violates any other provision of this title; or
(xiii) violates any regulation adopted under this title.
(2) Subject to the hearing provisions of § 16–602 of this title, the Commission shall deny a real estate appraisal license or certificate to an applicant if the applicant:
(i) has had an appraiser license, certificate, or credential revoked in any jurisdiction within the 5–year period immediately preceding the date of application;
(ii) has been convicted of or has entered a plea of guilty or nolo contendere to a felony in a domestic or foreign court:
1. during the 5–year period immediately preceding the date of application; or
2. at any time preceding the date of application if the felony involves an act of fraud or dishonesty, a breach of trust, or money laundering; or
(iii) fails to demonstrate good character or general fitness to provide real estate appraisal services in an honest and ethical manner.
(3) (i) Except as provided in paragraph (2) of this subsection, instead of or in addition to reprimanding a licensee or a certificate holder or suspending or revoking a license or a certificate under this subsection, the Commission may impose a penalty not exceeding $5,000 for each violation.
(ii) To determine the amount of the penalty imposed, the Commission shall consider:
1. the seriousness of the violation;
2. the harm caused by the violation;
3. the good faith of the licensee; and
4. any history of previous violations by the licensee.
(4) The Commission shall pay any penalty collected under this subsection into the General Fund of the State.
(b) Except as provided in subsection (a)(2) of this section, the Commission shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or certificate or the reprimand of a licensee or certificate holder when an applicant, certificate holder, or licensee is convicted of a felony or a misdemeanor described in subsection (a)(1)(v) of this section:
(1) the nature of the crime;
(2) the relationship of the crime to the activities authorized by the license or certificate;
(3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant, licensee, or certificate holder to provide real estate appraisal services;
(4) the length of time since the conviction; and
(5) the behavior and activities of the applicant, licensee, or certificate holder before and after the conviction.
Md. Code, Bus. Occ. & Prof. GBO 16-704
§16–704.
Unless authorized under this title to provide real estate appraisal services, a person may not represent to the public, by use of a title, including “licensed real estate appraiser”, by description of services, methods, or procedures, or otherwise, that the person is authorized to provide real estate appraisal services in the State.
Md. Code, Bus. Occ. & Prof. GBO 16-705
§16–705.
(a) Unless authorized under this title to provide certified real estate appraisal services, a person may not represent to the public, by use of a title, including “certified real estate appraiser”, by description of services, methods, or procedures, or otherwise, that the person is authorized to provide certified real estate appraisal services in the State.
(b) A person may not use the title “certified real estate appraiser” after or with the name or signature of a firm, partnership, corporation, or group in a way that the title could be interpreted to refer to anyone other than the individual who is certified under this title.
Md. Code, Bus. Occ. & Prof. GBO 16-707
§16–707.
(a) The Commission may impose on a person who violates this title a civil penalty not exceeding $5,000 for each violation, whether or not the person is licensed or holds a certificate under this title.
(b) In setting the amount of a civil penalty, the Commission shall consider:
(1) the seriousness of the violation;
(2) the good faith of the violator;
(3) any previous violations;
(4) the harmful effect of the violation on the complainant, the public, and the business of home inspections or real estate appraisals;
(5) the assets of the violator; and
(6) any other relevant factors.
Md. Code, Bus. Occ. & Prof. GBO 17-101
§17–101.
(a) In this title the following words have the meanings indicated.
(b) “Affiliate” means, unless the context requires otherwise, to establish between an individual and a real estate broker an employment or other contractual relationship under which the individual is authorized to provide real estate brokerage services on behalf of the real estate broker.
(c) “Associate real estate broker” means an individual:
(1) who meets the requirements for a real estate broker license under § 17-305 of this title but who applies for and is granted an associate real estate broker license under §§ 17-307 and 17-309 of this title; and
(2) who, under the associate real estate broker license, may provide real estate brokerage services on behalf of a licensed real estate broker with whom the associate real estate broker is affiliated.
(d) “Commission” means the State Real Estate Commission.
(e) “Guaranty Fund” means a real estate guaranty fund established by the Commission under § 17-402 of this title.
(f) “Hearing board” means a real estate hearing board appointed by the Commission under § 17-325 of this title.
(g) (1) “License” means, unless the context requires otherwise, a license issued by the Commission.
(2) “License” includes, unless the context requires otherwise:
(i) a real estate broker license;
(ii) an associate real estate broker license; and
(iii) a real estate salesperson license.
(h) “Licensed associate real estate broker” means, unless the context requires otherwise, an associate real estate broker who is licensed by the Commission to provide real estate brokerage services on behalf of a licensed real estate broker with whom the associate real estate broker is affiliated.
(i) “Licensed real estate broker” means, unless the context requires otherwise, a real estate broker who is licensed by the Commission to provide real estate brokerage services.
(j) “Licensed real estate salesperson” means, unless the context requires otherwise, a real estate salesperson who is licensed by the Commission to provide real estate brokerage services on behalf of a licensed real estate broker with whom the real estate salesperson is affiliated.
(k) “Licensee” means a licensed real estate broker, a licensed associate real estate broker, or a licensed real estate salesperson.
(l) “Provide real estate brokerage services” means to engage in any of the following activities:
(1) for consideration, providing any of the following services for another person:
(i) selling, buying, exchanging, or leasing any real estate; or
(ii) collecting rent for the use of any real estate;
(2) for consideration, assisting another person to locate or obtain for purchase or lease any residential real estate;
(3) engaging regularly in a business of dealing in real estate or leases or options on real estate;
(4) engaging in a business the primary purpose of which is promoting the sale of real estate through a listing in a publication issued primarily for the promotion of real estate sales;
(5) engaging in a business that subdivides land that is located in any state and sells the divided lots; or
(6) for consideration, serving as a consultant regarding any activity set forth in items (1) through (5) of this subsection.
(m) (1) “Real estate” means any interest in real property that is located in this State or elsewhere.
(2) “Real estate” includes:
(i) an interest in a condominium; and
(ii) a time-share estate or a time-share license, as those terms are defined in § 11A-101 of the Real Property Article.
(n) “Real estate broker” means an individual who provides real estate brokerage services.
(o) “Real estate salesperson” means an individual who, while affiliated with and acting on behalf of a real estate broker, provides real estate brokerage services.
Md. Code, Bus. Occ. & Prof. GBO 17-102
§17–102.
This title does not apply to:
(1) a person while acting under a judgment or order of a court;
(2) a public officer while performing the duties of office;
(3) a person while engaging in a single transaction that involves the sale or lease of any real estate under a power of attorney executed by the owner of the real estate;
(4) a licensed auctioneer while selling any real estate at public auction;
(5) an owner or lessor of any real estate while managing, leasing, or selling the real estate, unless the primary business of the owner or lessor is providing real estate brokerage services; or
(6) a person while acting in the capacity of:
(i) a receiver;
(ii) a trustee;
(iii) a personal representative; or
(iv) a guardian.
Md. Code, Bus. Occ. & Prof. GBO 17-202
§17–202.
(a) (1) The Commission consists of 9 members.
(2) Of the 9 members of the Commission:
(i) 5 shall be licensed real estate brokers, licensed associate real estate brokers, or licensed real estate salespersons; and
(ii) 4 shall be consumer members.
(3) Of the 5 professional members:
(i) 1 shall be a resident of any county in the area that consists of Cecil, Caroline, Dorchester, Kent, Queen Anne’s, Somerset, Talbot, Wicomico, and Worcester counties;
(ii) 1 shall be a resident of any county in the area that consists of Baltimore, Carroll, Harford, and Howard counties;
(iii) 1 shall be a resident of Baltimore City;
(iv) 1 shall be a resident of any county in the area that consists of Anne Arundel, Calvert, Charles, Prince George’s, and St. Mary’s counties; and
(v) 1 shall be a resident of any county in the area that consists of Allegany, Frederick, Garrett, Montgomery, and Washington counties.
(4) The Governor shall appoint the members with the advice of the Secretary and with the advice and consent of the Senate.
(b) Each member of the Commission shall be a citizen of the State.
(c) Each professional member of the Commission shall have been:
(1) a resident of any of the counties in the area from which the member is appointed for at least 5 years immediately before appointment; and
(2) a licensed real estate broker, a licensed associate real estate broker, or a licensed real estate salesperson for at least 10 years immediately before appointment.
(d) (1) Each consumer member of the Commission:
(i) shall be a member of the general public;
(ii) may not be a licensee or otherwise be subject to regulation by the Commission;
(iii) may not be required to meet the qualifications for the professional members of the Commission; and
(iv) may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Commission.
(2) While a member of the Commission, a consumer member may not:
(i) have a financial interest in or receive compensation from a person regulated by the Commission; or
(ii) grade any examination given by or for the Commission.
(e) Before taking office, each appointee to the Commission shall take the oath required by Article I, § 9 of the Maryland Constitution.
(f) (1) The term of a member is 4 years and begins on June 1.
(2) The terms of members are staggered as required by the terms provided for members of the Commission on October 1, 1989.
(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.
(g) (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 Commission meetings held during any consecutive 12–month period while the member was serving on the Commission.
(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. Occ. & Prof. GBO 17-205
§17–205.
(a) (1) The Secretary shall appoint the executive director of the Commission from a list of 3 nominees submitted by the Commission.
(2) The executive director serves at the pleasure of the Secretary.
(b) The executive director shall:
(1) possess a broad knowledge of generally accepted practices in the real estate business in the State; and
(2) be reasonably well informed of the general laws that govern agency and contracts for the conveyance or leasing of real estate.
(c) (1) The executive director shall devote full time to the duties of office.
(2) The executive director may not hold any position or engage in another business that:
(i) interferes with the position of executive director; or
(ii) might conflict with the position of executive director.
(3) While employed by the Commission, the executive director may not:
(i) be licensed in any state as a real estate broker, an associate real estate broker, or a real estate salesperson;
(ii) engage in any act for which a license is required under this title; or
(iii) in connection with any real estate transaction, directly or indirectly receive or become entitled to receive any fee, perquisite, or compensation.
(d) The executive director is entitled to:
(1) compensation in accordance with the State budget; and
(2) reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(e) The executive director is a special appointment in the State Personnel Management System.
(f) While employed as executive director, the executive director shall be covered by a surety bond or an insurance policy of the type and in the amount of coverage determined by the State Treasurer under § 5–108 of the State Government Article.
Md. Code, Bus. Occ. & Prof. GBO 17-206
§17–206.
(a) The Commission may employ a staff in accordance with the State budget.
(b) The Commission, in accordance with the State budget, may employ an investigative staff to conduct investigations.
(c) While employed by the Commission, an individual may not:
(1) be licensed in any state as a real estate broker, an associate real estate broker, or a real estate salesperson;
(2) engage in any act for which a license is required under this title; or
(3) in connection with any real estate transaction, directly or indirectly receive or become entitled to receive any fee, perquisite, or compensation.
Md. Code, Bus. Occ. & Prof. GBO 17-209
§17–209.
(a) (1) The Commission shall administer and enforce the provisions of this title.
(2) In connection with any disciplinary action under Subtitle 3 of this title or any investigation or proceeding brought for an alleged violation of this title, the Commission, a hearing board, the executive director of the Commission, or the assistant director of the Commission may:
(i) hold hearings;
(ii) administer oaths;
(iii) issue a subpoena for the attendance of a witness to testify or the production of evidence; and
(iv) take depositions in the same manner as provided in civil cases in the State.
(3) If a person fails to comply with a subpoena issued under this subsection, on petition of the Commission or another party, a circuit court may compel compliance with the subpoena.
(b) (1) If the Commission concludes that conduct alleged to be a violation of any provision of this title may result in irreparable harm to a person, the Commission may sue to enforce a provision of this title by ex parte, interlocutory, or final injunction.
(2) In seeking an injunction under this subsection, the Commission is not required to:
(i) post bond, if the injunction is sought against a person who does not hold a license issued under this title; or
(ii) allege or prove that an adequate remedy at law does not exist.
(c) (1) Subject to the provisions of this section, the Commission shall conduct an investigation that relates to any complaint alleging that an unauthorized person has provided real estate brokerage services.
(2) A complaint shall:
(i) be in writing;
(ii) state specifically the facts on which the complaint is based; and
(iii) be filed with the Commission.
(3) If a complaint is made by any person other than a member of the Commission, the complaint shall be made under oath by the person who submits the complaint.
Md. Code, Bus. Occ. & Prof. GBO 17-210
§17–210.
The Commission shall submit to the Secretary an annual report of the activities of the Commission that includes:
(1) a statement of the total receipts from license fees;
(2) a statement of the total expenditures of the Commission;
(3) the number of real estate broker licenses, associate real estate broker licenses, and real estate salesperson licenses issued in each county;
(4) the number of hearings held;
(5) the number of complaints received;
(6) the number of investigations made;
(7) the number of applications for licenses denied;
(8) the total number of licenses suspended or revoked;
(9) the number of cases resolved within the schedule adopted under § 17–208(b) of this subtitle;
(10) the number of Guaranty Fund awards made that reach the statutory cap at the time the award is made, the corresponding amounts claimed by the complainant in each case, and the amount of damages that would have been reimbursable to the complainant if the statutory cap did not exist; and
(11) any other information that reflects the work of the Commission.
Md. Code, Bus. Occ. & Prof. GBO 17-213
§17–213.
(a) (1) Beginning on July 1, 2007, the Commission may set by regulation reasonable fees for its services.
(2) The fees charged shall be:
(i) set so as to produce funds to approximate the cost of maintaining the Commission; and
(ii) based on the calculations performed by the Secretary of Labor under § 2–106.4 of the Business Regulation Article.
(b) The Commission shall publish the fee schedule set by the Commission.
(c) (1) Beginning on July 1, 2006, the Commission shall pay all fees collected under this title to the Comptroller.
(2) The Comptroller shall distribute the fees to the State Real Estate Commission Fund established in § 2–106.3 of the Business Regulation Article.
Md. Code, Bus. Occ. & Prof. GBO 17-301
§17–301.
(a) (1) Except as otherwise provided in this title, an individual shall be licensed by the Commission as a real estate broker before the individual may provide real estate brokerage services in the State.
(2) Except as otherwise provided in this title, an individual shall be licensed by the Commission as an associate real estate broker or a real estate salesperson before the individual, while acting on behalf of a real estate broker, may provide real estate brokerage services in the State.
(b) A license is not required for:
(1) a financial institution, as defined in Title 1 of the Financial Institutions Article, a subsidiary or affiliate of such a financial institution, or mortgage loan institution incorporated under the laws of any state or of the United States to manage, lease, or sell any property that the institution or subsidiary or affiliate of a financial institution acquires in connection with a mortgage foreclosure or deed or assignment in lieu of foreclosure;
(2) a lawyer authorized to practice law in the State who:
(i) is not engaged regularly in the business of providing real estate brokerage services;
(ii) does not represent to the public, by use of a sign or advertisement or otherwise, that the lawyer is in the business of providing real estate brokerage services; and
(iii) provides real estate brokerage services while representing another person in the course of the lawyer’s regular practice of law;
(3) a home builder in the rental or initial sale of a home constructed by the builder;
(4) an agent of a licensed real estate broker or of an owner of real estate while managing or leasing that real estate for the real estate broker or owner;
(5) any person in negotiating the sale, lease, or other transfer of a business enterprise if the proposed transfer does not include any interest in real property other than a lease under which the business enterprise operates; or
(6) any person to subdivide and sell unimproved property owned by that person if the person meets the requirements of § 17–302 of this subtitle.
Md. Code, Bus. Occ. & Prof. GBO 17-303
§17–303.
(a) To qualify for a real estate salesperson license, an applicant shall be an individual who meets the requirements of this section.
(b) An applicant shall be of good character and reputation.
(c) An applicant shall be at least 18 years old.
(d) An applicant shall have completed successfully:
(1) a basic course in real estate approved by the Commission that:
(i) does not require more than 60 clock hours of:
1. classroom instruction; or
2. instruction provided by:
A. remote access satellite;
B. closed–circuit video;
C. computer, including transmission over the Internet and the World Wide Web;
D. home study; or
E. any other delivery system approved by the Commission; and
(ii) includes a 3 clock hour course in real estate ethics approved by the Commission; or
(2) if approved by the Commission as an alternative, courses in real estate subjects in any college, including a 3 clock hour course in real estate ethics approved by the Commission.
(e) An applicant shall pass an examination given by the Commission under § 17-306 of this subtitle.
(f) An applicant shall obtain, from a licensed real estate broker, a commitment providing that the applicant shall become affiliated with the licensed real estate broker as a real estate salesperson on the granting of a real estate salesperson license to the applicant.
(g) An applicant shall meet any other requirement that the Commission establishes to ensure that only individuals who are professionally competent and of good character and reputation are licensed.
Md. Code, Bus. Occ. & Prof. GBO 17-304
§17–304.
(a) To qualify for an associate real estate broker license, an applicant shall be an individual who meets the requirements of this section.
(b) An applicant shall meet the requirements for a real estate broker license under § 17-305 of this subtitle.
(c) An applicant shall obtain, from a licensed real estate broker, a commitment providing that the applicant shall become affiliated with the licensed real estate broker as an associate real estate broker on the granting of an associate real estate broker license to the applicant.
Md. Code, Bus. Occ. & Prof. GBO 17-305
§17–305.
(a) To qualify for a real estate broker license, an applicant shall be an individual who meets the requirements of this section.
(b) An applicant shall be of good character and reputation.
(c) An applicant shall be at least 18 years old.
(d) (1) Except as provided in paragraph (2) of this subsection, an applicant shall:
(i) have completed successfully a course in real estate approved by the Commission for real estate brokers that includes a 3 clock hour course in real estate ethics approved by the Commission; and
(ii) have been a licensed real estate salesperson and have actively and lawfully provided real estate brokerage services for at least 3 years.
(2) If an applicant is qualified to practice law in the State, the Commission shall waive the educational and experience requirements of paragraph (1) of this subsection for that applicant.
(e) An applicant shall pass an examination given by the Commission under § 17-306 of this subtitle.
(f) An applicant shall meet any other requirement that the Commission establishes to ensure that only individuals who are professionally competent and of good character and reputation are licensed.
Md. Code, Bus. Occ. & Prof. GBO 17-306
§17–306.
(a) An applicant who otherwise qualifies for a license is entitled to be examined as provided in this section.
(b) The Commission periodically shall give examinations to applicants at the times and places that the Commission determines.
(c) Except as provided in subsection (f)(2)(ii) of this section, the Commission shall give each qualified applicant notice of the time and place of examination.
(d) To take an examination, an applicant shall pay:
(1) to the Commission, an examination fee set by the Commission; and
(2) to the Commission or a testing service chosen by the Commission, an amount covering the cost of the examination.
(e) (1) Except as otherwise provided in this subsection, the Commission shall determine the subjects, scope, and form of and the passing score for examinations given under this subtitle.
(2) To ensure the protection of the interests of those persons who are represented by licensed real estate brokers, the Commission shall structure the examinations for a real estate broker license to test:
(i) the ability of an applicant to perform the services authorized by a real estate broker license; and
(ii) the knowledge of the applicant of the general practice for handling real estate transactions.
(3) The examinations shall be written.
(4) To eliminate the possibility of discrimination in the administration of the examination, each copy of an examination for a particular license given on a particular date shall contain the same questions. However, the questions may be in different order.
(f) (1) The Commission may use a testing service to administer the examinations 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 times and places of examinations; and
(ii) give applicants notice of the examinations.
Md. Code, Bus. Occ. & Prof. GBO 17-307
§17–307.
(a) An applicant for a license:
(1) shall submit to the Commission an application on the form that the Commission provides;
(2) if a testing service was used to administer the examination, shall submit to the Commission a copy of the examination results of the applicant;
(3) shall pay into the Guaranty Fund any fee required under § 17-403 of this title;
(4) shall pay to the Commission a fee set by the Commission; and
(5) shall submit to the Commission any additional information or documentation that the Commission requires, including any information or documentation to determine the professional competence or the good character and reputation of the applicant.
(b) If the applicant is applying for a real estate broker license, the applicant:
(1) shall 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) shall 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.
(c) If the applicant is applying for a real estate salesperson or associate real estate broker license, the applicant shall submit to the Commission adequate evidence that the applicant has obtained, from a licensed real estate broker, a commitment providing that the applicant shall become affiliated with the licensed real estate broker as a real estate salesperson or an associate real estate broker on the granting of a real estate salesperson license or an associate real estate broker license to the applicant.
(d) If the applicant currently is licensed as a real estate salesperson or an associate real estate broker, the applicant shall submit to the Commission a copy of the written notice required under § 17-313 of this subtitle informing each real estate broker with whom the applicant currently is affiliated that the applicant intends to affiliate with an additional real estate broker or to obtain a real estate broker license.
(e) If the applicant is not a resident of this State, the applicant shall submit to the Commission a consent and any related document required under § 17-514 of this title.
Md. Code, Bus. Occ. & Prof. GBO 17-308
§17–308.
(a) Subject to the provisions of this section, the Commission may waive any requirement of this subtitle for a particular license for an applicant who holds a comparable or equivalent license granted by another state.
(b) The Commission may grant a waiver under this section only if the applicant:
(1) pays the application fee required under § 17-307 of this subtitle for the license for which the applicant is applying;
(2) provides adequate evidence that the applicant meets the qualifications otherwise required by this subtitle for the license for which the applicant is applying;
(3) submits a certified copy of the applicant’s license from the other state that is comparable or equivalent to the license for which the applicant is applying; and
(4) if the applicant holds a license comparable or equivalent to a real estate broker license, provides adequate evidence that the applicant actively maintains an office in the other state.
Md. Code, Bus. Occ. & Prof. GBO 17-309
§17–309.
(a) On compliance by the applicant with the procedures under § 17-307 of this subtitle, the Commission shall grant an appropriate license to each applicant who meets the requirements under this subtitle for that license.
(b) The Commission shall issue an appropriate license certificate and pocket card to each applicant who has been granted a license under this section.
(c) (1) Subject to paragraph (2) of this subsection, the Commission shall determine the size, form, and content of any license certificate or pocket card that the Commission issues.
(2) On each license certificate that the Commission issues to an associate real estate broker or real estate salesperson, the Commission shall include the name of the firm of the licensed real estate broker for whom the associate real estate broker or real estate salesperson is licensed to provide real estate brokerage services.
Md. Code, Bus. Occ. & Prof. GBO 17-310
§17–310.
(a) While a real estate broker license is in effect, it authorizes the licensee to provide real estate brokerage services.
(b) (1) While an associate real estate broker or real estate salesperson license is in effect, it authorizes the licensee to provide real estate brokerage services on behalf of a licensed real estate broker:
(i) who is named in the license certificate of the associate real estate broker or real estate salesperson; and
(ii) with whom the associate real estate broker or real estate salesperson is affiliated.
(2) An associate real estate broker or real estate salesperson license does not authorize the licensee to provide real estate brokerage services on the licensee’s own behalf or on behalf of any person other than a licensed real estate broker named in the license certificate of the associate real estate broker or real estate salesperson.
Md. Code, Bus. Occ. & Prof. GBO 17-311
§17–311.
(a) A licensed real estate salesperson may transfer affiliation from a licensed real estate broker to another licensed real estate broker, if the real estate salesperson:
(1) obtains, from the other licensed real estate broker, a commitment providing that, on cancellation of the current affiliation of the real estate salesperson and issuance of a new license certificate and pocket card to the real estate salesperson, the real estate salesperson shall become affiliated with the licensed real estate broker as a real estate salesperson; and
(2) complies with the application procedures under subsection (c) of this section.
(b) A licensed associate real estate broker may transfer affiliation from a licensed real estate broker to another licensed real estate broker, if the associate real estate broker:
(1) obtains, from the other licensed real estate broker, a commitment providing that, on cancellation of the current affiliation of the associate broker and issuance of a new license certificate and pocket card to the associate broker, the associate broker shall become affiliated with the licensed real estate broker as an associate real estate broker; and
(2) complies with the application procedures under subsection (c) of this section.
(c) To transfer affiliation under this section, a qualified real estate salesperson or associate real estate broker shall:
(1) surrender the license certificate and pocket card of the salesperson or associate broker to the Commission;
(2) submit to the Commission a transfer application on the form that the Commission provides;
(3) submit to the Commission:
(i) acknowledgment from the licensed real estate broker with whom the salesperson or associate broker currently is affiliated that the affiliation is terminated; or
(ii) a statement from the salesperson or associate broker that the current affiliation of the salesperson or associate broker is terminated;
(4) submit to the Commission adequate evidence that the salesperson or associate broker has obtained, from a licensed real estate broker, a commitment providing that the salesperson or associate broker shall become affiliated with the licensed real estate broker as a real estate salesperson or an associate real estate broker on cancellation of the current affiliation of the salesperson or associate broker and issuance of a new license certificate and pocket card to the salesperson or associate broker; and
(5) pay to the Commission a transfer fee set by the Commission.
(d) On compliance by the applicant with the procedures of subsection (c) of this section, the Commission shall issue a new license certificate and pocket card to each real estate salesperson and associate real estate broker who meets the applicable requirements under this subtitle.
Md. Code, Bus. Occ. & Prof. GBO 17-312
§17–312.
(a) A licensed real estate salesperson may exchange a real estate salesperson license for an associate real estate broker license and become affiliated with a licensed real estate broker as an associate real estate broker, if the real estate salesperson:
(1) has previously held an associate real estate broker license or a real estate broker license;
(2) has held a license continuously since initially being licensed as an associate real estate broker or a real estate broker;
(3) obtains, from a licensed real estate broker, a commitment providing that, on the granting of an associate real estate broker license to the real estate salesperson, the real estate salesperson shall become affiliated with the broker as an associate real estate broker; and
(4) complies with the application procedures under subsection (g) of this section.
(b) A licensed real estate salesperson may exchange a real estate salesperson license for a real estate broker license, if the salesperson:
(1) has previously held an associate real estate broker license or a real estate broker license;
(2) has held a license continuously since initially being licensed as an associate real estate broker or a real estate broker; and
(3) complies with the application procedures under subsection (g) of this section.
(c) A licensed associate real estate broker may exchange an associate real estate broker license for a real estate salesperson license and become affiliated with a licensed real estate broker as a real estate salesperson, if the associate broker:
(1) obtains, from a licensed real estate broker, a commitment providing that, on the granting of a real estate salesperson license to the associate broker, the associate broker shall become affiliated with the licensed real estate broker; and
(2) complies with the application procedures under subsection (g) of this section.
(d) A licensed associate real estate broker may exchange an associate real estate broker license for a real estate broker license if the associate broker complies with the application procedures under subsection (g) of this section.
(e) A licensed real estate broker may exchange a real estate broker license for a real estate salesperson license and become affiliated with another licensed real estate broker as a real estate salesperson, if the broker:
(1) obtains, from the other licensed real estate broker, a commitment providing that, on the granting of a real estate salesperson license to the real estate broker, that individual shall become affiliated with the other broker as a real estate salesperson; and
(2) complies with the application procedures under subsection (g) of this section.
(f) A licensed real estate broker may exchange a real estate broker license for an associate real estate broker license and become affiliated with another licensed real estate broker as an associate real estate broker, if the broker:
(1) obtains, from the other licensed real estate broker, a commitment providing that, on the granting of an associate real estate broker license to the real estate broker, that individual shall become affiliated with the other real estate broker as an associate real estate broker; and
(2) complies with the application procedures under subsection (g) of this section.
(g) To exchange a license for another license, a qualified licensee shall:
(1) surrender the current license certificate and pocket card of the licensee to the Commission;
(2) submit to the Commission an application on the form that the Commission provides;
(3) if exchanging a real estate salesperson license or an associate real estate broker license for another license, submit to the Commission:
(i) acknowledgment from the licensed real estate broker with whom the licensee currently is affiliated that the affiliation is terminated; or
(ii) a statement from the licensee that the current affiliation of the licensee is terminated;
(4) if exchanging a license for a real estate salesperson license or an associate real estate broker license, submit to the Commission adequate evidence that the licensee has obtained, from a licensed real estate broker, a commitment providing that the licensee shall become affiliated with the broker as a real estate salesperson or an associate real estate broker on the granting of a new license to the licensee;
(5) pay to the Commission an application fee set by the Commission; and
(6) submit to the Commission any additional information or documentation that the Commission requires.
(h) On compliance by the applicant with the procedures of this section, the Commission shall cancel the current license of and grant an appropriate new license to each individual who meets the applicable requirements under this subtitle.
(i) The Commission shall issue an appropriate license certificate and pocket card to each individual who has been granted a license under subsection (h) of this section.
Md. Code, Bus. Occ. & Prof. GBO 17-313
§17–313.
(a) A licensed real estate salesperson may obtain an additional real estate salesperson license and become affiliated with an additional licensed real estate broker as a real estate salesperson, if the salesperson:
(1) obtains, from an additional licensed real estate broker, a commitment providing that the salesperson shall become affiliated with the broker as a real estate salesperson on the granting of an additional real estate salesperson license to the salesperson;
(2) gives each real estate broker with whom the salesperson currently is affiliated written notice that the salesperson intends to affiliate with an additional real estate broker; and
(3) complies with the application procedures under subsection (j) of this section.
(b) A licensed real estate salesperson may obtain an associate real estate broker license and become affiliated with an additional licensed real estate broker as an associate real estate broker, if the salesperson:
(1) (i) meets the requirements for an associate real estate broker license under § 17–304 of this subtitle;
(ii) gives each real estate broker with whom the salesperson currently is affiliated written notice that the salesperson intends to affiliate with an additional real estate broker; and
(iii) complies with the application procedures under § 17–307 of this subtitle; or
(2) (i) has previously held an associate real estate broker license or a real estate broker license;
(ii) has held a license continuously since initially being licensed as an associate real estate broker or a real estate broker;
(iii) obtains, from an additional licensed real estate broker, a commitment providing that the salesperson shall become affiliated with the broker as an associate real estate broker on the granting of an associate real estate broker license to the salesperson;
(iv) gives each real estate broker with whom the salesperson currently is affiliated written notice that the salesperson intends to affiliate with an additional real estate broker; and
(v) complies with the application procedures under subsection (j) of this section.
(c) A licensed real estate salesperson may obtain a real estate broker license, if the salesperson:
(1) (i) meets the requirements for a real estate broker license under § 17–305 of this subtitle;
(ii) gives each real estate broker with whom the salesperson currently is affiliated written notice that the salesperson intends to obtain a real estate broker license; and
(iii) complies with the application procedures under § 17–307 of this subtitle; or
(2) (i) has previously held an associate real estate broker license or a real estate broker license;
(ii) has held a license continuously since initially being licensed as an associate real estate broker or a real estate broker;
(iii) gives each real estate broker with whom the salesperson currently is affiliated written notice that the salesperson intends to obtain a real estate broker license; and
(iv) complies with the application procedures under subsection (j) of this section.
(d) A licensed associate real estate broker may obtain an additional associate real estate broker license and become affiliated with an additional licensed real estate broker as an associate real estate broker, if the associate broker:
(1) obtains, from an additional licensed real estate broker, a commitment providing that the associate broker shall become affiliated with the broker as an associate real estate broker on the granting of an additional associate real estate broker license to the associate broker;
(2) gives each real estate broker with whom the associate broker currently is affiliated written notice that the associate broker intends to affiliate with an additional real estate broker; and
(3) complies with the application procedures under subsection (j) of this section.
(e) A licensed associate real estate broker may obtain a real estate salesperson license and become affiliated with an additional licensed real estate broker as a real estate salesperson, if the associate broker:
(1) obtains, from an additional licensed real estate broker, a commitment providing that the associate broker shall become affiliated with the broker as a real estate salesperson on the granting of a real estate salesperson license to the associate broker;
(2) gives each real estate broker with whom the associate broker currently is affiliated written notice that the associate broker intends to affiliate with an additional real estate broker; and
(3) complies with the application procedures under subsection (j) of this section.
(f) A licensed associate real estate broker may obtain a real estate broker license, if the associate broker:
(1) gives each real estate broker with whom the associate broker currently is affiliated written notice that the associate broker intends to obtain a real estate broker license; and
(2) complies with the application procedures under subsection (j) of this section.
(g) A licensed real estate broker may obtain a real estate salesperson license and become affiliated with another licensed real estate broker as a real estate salesperson, if the broker:
(1) obtains, from another licensed real estate broker, a commitment providing that the broker shall become affiliated with the other broker as a real estate salesperson on the granting of a real estate salesperson license to the broker; and
(2) complies with the application procedures under subsection (j) of this section.
(h) A licensed real estate broker may obtain an associate real estate broker license and become affiliated with another licensed real estate broker as an associate real estate broker, if the broker:
(1) obtains, from another licensed real estate broker, a commitment providing that the broker shall become affiliated with the other broker as an associate real estate broker on the granting of an associate real estate broker license to the broker; and
(2) complies with the application procedures under subsection (j) of this section.
(i) (1) A licensed real estate broker shall obtain a real estate broker license for each real estate brokerage operated by the real estate broker.
(2) In order to receive an additional real estate broker license, a licensed real estate broker shall comply with the application procedures under subsection (j)(1), (4), and (5) of this section.
(j) To obtain an additional license, a qualified licensee shall:
(1) submit to the Commission an application on the form that the Commission provides;
(2) if applying for a real estate salesperson or associate real estate broker license, submit to the Commission adequate evidence that the licensee has obtained, from a licensed real estate broker, a commitment providing that the licensee shall become affiliated with the broker as a real estate salesperson or an associate real estate broker on the granting of an additional license to the licensee;
(3) if currently licensed as a real estate salesperson or an associate real estate broker, submit to the Commission a copy of the written notice informing each real estate broker with whom the licensee currently is affiliated that the licensee intends to affiliate with an additional real estate broker or obtain a real estate broker license;
(4) pay to the Commission an application fee set by the Commission; and
(5) submit to the Commission any additional information or documentation that the Commission requires.
(k) On compliance by the applicant with the procedures of this section, the Commission shall grant an appropriate new license to each individual who meets the applicable requirements under this subtitle.
(l) The Commission shall issue an appropriate license certificate and pocket card to each individual who has been granted a license under subsection (k) of this section.
Md. Code, Bus. Occ. & Prof. GBO 17-314
§17–314.
(a) Licenses issued under this title shall expire on a staggered basis.
(b) (1) At least 60 days before a license expires, the Commission shall mail or electronically transmit to the licensee, as provided in paragraph (2) of this subsection:
(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) (i) If the licensee is a real estate broker, the Commission shall mail or electronically transmit the renewal application form and notice to the principal office of the broker.
(ii) If the licensee is an associate real estate broker or a real estate salesperson, the Commission shall mail or electronically transmit the renewal application form and notice to the principal office of the real estate broker with whom the licensee is affiliated.
(3) If an electronic transmission under paragraph (1) or (2) of this subsection is returned to the Commission as undeliverable, the Commission shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Commission received the notice that the electronic transmission was undeliverable.
(c) (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) pays to the Commission a renewal fee set by the Commission;
(iii) submits to the Commission a renewal application on the form that the Commission provides;
(iv) not later than 30 days before the license expires, has complied with the continuing education requirements under § 17–315 of this subtitle;
(v) notifies the Commission of the name of each real estate broker with whom the licensee then is affiliated; and
(vi) for the renewal of a real estate broker license:
1. submits 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. pays 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 real estate broker license.
(2) A licensee who fails to comply with paragraph (1)(iv) of this subsection shall be subject to a reinstatement fee set by the Commission.
(d) The Commission shall renew the license of and issue a renewal certificate and pocket card to each licensee who meets the requirements of this section.
(e) The Commission shall reinstate the license of a licensee under this title whose license has expired if the licensee:
(1) applies to the Commission for reinstatement within 3 years after the license expires;
(2) meets the requirement of good character and reputation;
(3) complies with the applicable continuing education requirement for the period during which the individual was not licensed; and
(4) pays to the Commission a reinstatement fee set by the Commission.
Md. Code, Bus. Occ. & Prof. GBO 17-315
§17–315.
(a) (1) To qualify for renewal of a license under this subtitle, a licensee shall complete at least 15 clock hours of continuing education instruction, as provided in subsection (b) of this section, during the preceding 2–year term.
(2) For a licensee who provides real estate brokerage services solely in connection with nonresidential real estate, of the clock hours required under paragraph (1) of this subsection, 2 clock hours shall be satisfied by a course regarding the federal Americans with Disabilities Act.
(3) A licensee holding a license from another state must complete at least the number of clock hours of continuing education instruction required under paragraph (1) of this subsection during each 2–year license term and may substitute clock hours of continuing education instruction earned in another state, if those clock hours:
(i) are approved as real estate continuing education in that state; and
(ii) meet the distribution requirements of subsection (b)(2) of this section.
(4) The Commission shall grant the substitution of clock hours in paragraph (3) of this subsection only if the other state permits the substitution of clock hours of continuing education instruction approved by the Commission for a licensee of this State.
(b) (1) The Commission shall approve the form, substance, and, as provided under paragraphs (2) and (3) of this subsection, subject matter of all continuing education courses.
(2) For a licensee who has been issued a renewal certificate under § 17–314 of this subtitle, the subject matter approved by the Commission shall:
(i) relate to real estate or to a subject matter intended to assist a licensee in providing real estate brokerage services to the public in a more efficient and effective manner, provided that the subject matter is related to helping the public buy or sell real estate;
(ii) every 2 years, include at least one 3 clock hour course that outlines relevant changes that have occurred in federal, State, or local laws and regulations, court cases and industry trends that have an impact on those laws and regulations, or any combination of those laws, regulations, court cases, and industry trends;
(iii) every 2 years, include at least one 2 clock hour course that outlines federal, State, and local fair housing laws and regulations, including fair housing advertising;
(iv) every 2 years, include at least one 3 clock hour ethics course that includes a discussion of:
1. the Maryland Code of Ethics;
2. fraudulent real estate practices; and
3. professionalism as it relates to the Maryland Code of Ethics, including a discussion relating to conflict resolution and a licensee’s duty to respect the public, peers, and property;
(v) every 2 years, include at least one 3 clock hour course that includes the principles of real estate brokerage relationships and disclosures; and
(vi) every 2 years for the renewal of a real estate broker license and the renewal of the license of an individual designated as a branch office manager or a team leader, include at least one 1.5 clock hour course that includes the requirements of broker supervision.
(3) For a licensee who was issued an initial real estate salesperson license under § 17–309 of this subtitle, the subject matter approved by the Commission shall include:
(i) at least one 3 clock hour course for each of the following topics:
1. outlining contract writing, standard contract provisions, key regional contract requirements, and standard addenda and contingencies;
2. the principles of real estate brokerage relationships and disclosures;
3. the principles of real estate practice in relation to:
A. advertising requirements for licensees;
B. the handling and disbursement of escrow funds; and
C. common ownership communities; and
4. property management and landlord and tenant laws; and
(ii) at least one 1.5 clock hour course for each of the following topics:
1. professionalism as it relates to the Maryland Code of Ethics, including a discussion relating to conflict resolution and a licensee’s duty of respect for the public, peers, and property; and
2. real estate financing.
(4) The requirement of paragraph (2)(iii) of this subsection does not apply to a licensee who provides real estate brokerage services solely in connection with nonresidential real estate.
(5) To be acceptable for credit as a continuing education course under this section, the course shall cover 1 or more topics approved by the Commission.
(c) (1) Continuing education courses may be conducted by:
(i) the Maryland Association of Realtors or its member boards;
(ii) the Real Estate Brokers of Baltimore, Inc.;
(iii) any similar professional association; or
(iv) an educational institution approved by the Commission.
(2) Notwithstanding any other provision of law, continuing education courses shall be taught by a qualified instructor who is experienced in the real estate industry and selected by the course provider.
(3) The Commission shall adopt regulations that provide for the conduct of continuing education instruction courses by virtual or remote means.
(4) To verify the identity of an individual enrolled in a continuing education course, the entity that conducts the continuing education course shall require, as a condition of participating in the course, that the individual provide:
(i) for an in–person course, a photo identification; and
(ii) for a virtual or other remote course, a signed affidavit attesting to the identity of the individual.
(d) If feasible, continuing education courses shall be offered at reasonable intervals in each county and in each major geographic area of the larger counties.
(e) Within 14 days after completion of a continuing education course, the entity that conducted the course may submit the course completion information directly to the Commission and the licensee by electronic means.
(f) The Commission may waive the requirements of this section for a licensee if the licensee shows good cause for being unable to meet the requirements.
(g) The Commission shall require each course provider to pay a continuing education course application fee set by the Commission.
Md. Code, Bus. Occ. & Prof. GBO 17-316
§17–316.
(a) (1) The Commission shall place the license of a real estate broker on inactive status if the real estate broker:
(i) requests that the license of the broker be placed on inactive status; and
(ii) surrenders the license certificate and pocket card of the broker to the Commission.
(2) The Commission shall place the license of an associate real estate broker or a real estate salesperson on inactive status if:
(i) the associate broker or salesperson no longer is affiliated with the licensed real estate broker whose firm is named in the license certificate of the associate broker or salesperson; or
(ii) the associate broker or salesperson:
1. requests that the license of the associate broker or salesperson be placed on inactive status; and
2. surrenders the license certificate and pocket card of the associate broker or salesperson to the Commission.
(b) (1) A licensee whose license is on inactive status may not provide real estate brokerage services through that license.
(2) The placement of a license on inactive status does not affect the power of the Commission to suspend or revoke the license or to take any other disciplinary action against the licensee.
(c) Unless a license on inactive status is reactivated, the license expires 3 years after the date it is placed on inactive status.
(d) (1) Subject to paragraph (2) of this subsection, a licensee whose license is on inactive status remains responsible for renewing the license as required under § 17–314 of this subtitle.
(2) Subject to the 3–year limitation under subsection (c) of this section, a licensee may renew a license while it is on inactive status if the licensee complies with the continuing education requirements of § 17–315 of this subtitle.
(e) If a person whose license is on inactive status fails to reactivate the license before the license expires under subsection (c) of this section, the person must comply with the requirements under §§ 17–301 through 17–308 of this subtitle in order to obtain a license.
(f) (1) The Commission shall reactivate the license of a real estate broker that is on inactive status and reissue a license certificate and pocket card to the broker if the broker:
(i) requests that the license be reactivated;
(ii) pays to the Commission a reissuance fee set by the Commission; and
(iii) meets the continuing education requirements that would have been required for renewal of a license under § 17–315 of this subtitle if the license had not been on inactive status.
(2) The Commission shall reactivate the license of an associate real estate broker or a real estate salesperson that is on inactive status and reissue a license certificate and pocket card to the associate broker or salesperson if the associate broker or salesperson:
(i) requests that the license be reactivated;
(ii) pays to the Commission a reissuance fee set by the Commission;
(iii) meets the continuing education requirements that would have been required for renewal of a license under § 17–315 of this subtitle if the license had not been on inactive status; and
(iv) submits to the Commission adequate evidence that the associate broker or salesperson has obtained, from a licensed real estate broker, a commitment providing that the associate broker or salesperson shall become affiliated with the broker as an associate real estate broker or a real estate salesperson on reactivation of the license of the associate broker or salesperson.
Md. Code, Bus. Occ. & Prof. GBO 17-317
§17–317.
(a) (1) A licensed real estate broker shall display at all times:
(i) the license certificate of the real estate broker in a conspicuous place in the principal office of the real estate broker; and
(ii) in accordance with paragraph (2) of this subsection, the license certificate of each associate real estate broker and real estate salesperson who is affiliated with the real estate broker.
(2) (i) If an associate real estate broker or a real estate salesperson who is affiliated with the real estate broker works primarily out of the principal office of the real estate broker, the real estate broker shall display the license certificate of the associate broker or salesperson in a conspicuous place in the principal office.
(ii) If an associate real estate broker or a real estate salesperson who is affiliated with the real estate broker works primarily out of a branch office of the real estate broker, the real estate broker shall display the license certificate of the associate broker or salesperson in a conspicuous place in the branch office out of which the associate broker or salesperson primarily works.
(b) (1) If a license certificate is lost or destroyed, the licensee immediately shall notify the Commission.
(2) To receive a duplicate license certificate, the licensee shall submit to the Commission:
(i) an affidavit stating that the license certificate has been lost or destroyed; and
(ii) a fee set by the Commission.
(3) On receipt of the affidavit and fee, the Commission shall issue an appropriate duplicate license certificate to the licensee.
(c) (1) If a pocket card is lost or destroyed, the licensee immediately shall notify the Commission.
(2) To receive a duplicate pocket card, the licensee shall submit to the Commission:
(i) an affidavit stating that the pocket card has been lost or destroyed; and
(ii) a fee set by the Commission.
(3) On receipt of the affidavit and fee, the Commission shall issue an appropriate duplicate pocket card to the licensee.
Md. Code, Bus. Occ. & Prof. GBO 17-319
§17–319.
(a) In this section, “disability” means a total and permanent disability that renders a broker unable to perform real estate brokerage services.
(b) (1) Subject to paragraph (2) of this subsection and subsection (c) of this section, on the disability or death of a licensed real estate broker, any adult member of the family of the disabled or deceased broker may carry on the business of the disabled or deceased broker for up to 6 months for the purposes of closing and terminating the business.
(2) (i) A family member under paragraph (1) of this subsection may not carry on the business of a disabled or deceased licensed real estate broker until the death certificate or evidence of the disability has been provided to the Commission.
(ii) If a death certificate or evidence of disability is not provided to the Commission within a reasonable time, the business may designate another individual who is a licensed real estate broker to provide real estate brokerage services for the business under § 17–319.1 of this subtitle.
(c) To qualify to carry on the business of a disabled or deceased real estate broker, a family member shall:
(1) surrender the license certificate and pocket card of the disabled or deceased real estate broker to the Commission; and
(2) submit to the Commission any information or documentation required by the Commission.
(d) (1) The Commission shall reissue the license of a disabled or deceased real estate broker to a family member who qualifies to carry on the business of the broker under subsection (c) of this section.
(2) The term of the reissuance shall be 6 months.
(e) Before the end of the 6–month period for carrying on the business of a disabled or deceased real estate broker, an individual may qualify for the license of the disabled or deceased broker if:
(1) the individual is a member of the immediate family of the disabled or deceased broker;
(2) the individual has been continuously licensed as a real estate salesperson for the immediately preceding 3 years;
(3) regardless of whether the individual has met the educational requirements for a real estate broker license under § 17–305 of this subtitle, the individual passes the real estate broker’s examination under § 17–306 of this subtitle;
(4) the individual surrenders the real estate salesperson license certificate and pocket card of the individual to the Commission; and
(5) there has been compliance with the requirements of subsection (c) of this section.
(f) The Commission shall reissue the license of a disabled or deceased real estate broker to an individual who qualifies for the license of the broker under subsection (e) of this section.
(g) (1) An individual who qualifies for and is reissued the license of a disabled or deceased real estate broker may hold the license for up to 4 years from the time of reissuance without meeting the educational requirements for a real estate broker license under § 17–305 of this subtitle.
(2) Subject to the 4–year restriction under paragraph (1) of this subsection, an individual who has been reissued the license of a disabled or deceased real estate broker is responsible for renewing the license as required under § 17–314 of this subtitle.
(3) If an individual who has been reissued the license of a disabled or deceased real estate broker does not meet the educational requirements for a real estate broker license within the 4–year period, the license shall expire automatically at the end of that period.
(4) If an individual who has been reissued the license of a disabled or deceased real estate broker meets the educational requirements for a real estate broker license within the 4–year period, the individual may continue to hold the license and may renew the license under § 17–314 of this subtitle.
Md. Code, Bus. Occ. & Prof. GBO 17-319.1
§17–319.1.
(a) Subject to subsection (b) of this section, if a licensed real estate broker is terminated by a business for any reason, the business may designate another individual who is a licensed real estate broker to provide real estate brokerage services for the business.
(b) (1) If the license certificate and pocket card of a terminated real estate broker are surrendered to the Commission, the Commission shall approve the designation under subsection (a) of this section in accordance with all applicable laws and regulations.
(2) If the license certificate and pocket card of a terminated real estate broker are not surrendered to the Commission, the Commission shall approve the designation under subsection (a) of this section only if:
(i) the designated licensed real estate broker is in good standing with the Commission;
(ii) the business notifies the Commission of the reason for the termination of the real estate broker; and
(iii) the designation of the licensed real estate broker complies with all applicable laws and regulations.
(c) A licensed real estate broker who has been designated by a business under subsection (a) of this section is subject to all of the applicable provisions of this title that relate to real estate brokers.
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 17-321
§17–321.
(a) Subject to the provisions of this section, a licensed real estate broker may provide real estate brokerage services through a corporation, limited liability company, or partnership.
(b) To qualify to provide real estate brokerage services through a corporation, limited liability company, or partnership, the licensed real estate broker:
(1) shall be employed by or have another contractual relationship with the corporation, limited liability company, or partnership;
(2) shall have been designated by the corporation, limited liability company, or partnership as the broker of the firm, to be individually responsible for the provision of real estate brokerage services through the corporation, limited liability company, or partnership; and
(3) shall submit notice to the Commission as provided in subsection (c) of this section.
(c) (1) Before a licensed real estate broker may provide real estate brokerage services through a corporation, limited liability company, or partnership, the broker shall submit to the Commission a notice that states the broker’s intent to provide services through a corporation or partnership. The notice shall include:
(i) the name of the real estate broker submitting the notice;
(ii) a statement that the named individual has been designated as the broker of the firm;
(iii) the address of the firm’s principal place of business and of each proposed branch office;
(iv) any trade or fictitious name that the firm intends to use while conducting the business of the firm;
(v) a list of all the licensed associate real estate brokers and licensed real estate salespersons who will be affiliated with the broker of the firm; and
(vi) any other information that the Commission may require by regulation.
(2) The Commission may set by regulation procedures for maintaining current information about any corporation, limited liability company, or partnership through which real estate brokerage services are provided.
(d) (1) An individual may provide real estate brokerage services through a firm only if:
(i) the individual is the licensed real estate broker who has been designated as the broker of the firm; or
(ii) the individual:
1. is licensed as an associate real estate broker or real estate salesperson to provide real estate brokerage services on behalf of the broker of the firm; and
2. continues to be affiliated with the broker of the firm.
(2) This subsection applies regardless of whether the individual is associated with the firm as a partner, officer, member, or shareholder or in any other capacity.
(e) An individual who serves as a broker of the firm under this section shall be responsible for the provision of real estate brokerage services through the firm and is subject to all of the provisions of this title regarding those services.
(f) (1) A corporation, limited liability company, or partnership that provides real estate brokerage services under this section is not, by its compliance with this section, relieved of any responsibility that the corporation, limited liability company, or partnership may have for an act or omission of its officer, partner, member, employee, or agent.
(2) An individual who provides real estate brokerage services through a corporation, limited liability company, or partnership is not, by reason of the individual’s employment or other relationship with the corporation, limited liability company, or partnership, relieved of any individual responsibility that the individual may have regarding those services.
Md. Code, Bus. Occ. & Prof. GBO 17-322
§17–322.
(a) In this section, “handicap” and “familial status” each have the meanings indicated in the federal Fair Housing Act.
(b) Subject to the hearing provisions of § 17–324 of this subtitle, the Commission may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee:
(1) fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;
(2) fraudulently or deceptively uses a license;
(3) directly or through another person willfully makes a misrepresentation or knowingly makes a false promise;
(4) intentionally or negligently fails to disclose to any person with whom the applicant or licensee deals a material fact that the licensee knows or should know and that relates to the property with which the licensee or applicant deals;
(5) as an associate real estate broker or a real estate salesperson, provides or attempts to provide real estate brokerage services on behalf of a real estate broker without informing in writing any other real estate broker with whom the associate real estate broker or the real estate salesperson is affiliated;
(6) violates § 17–530.1(a) or (b) of this title;
(7) retains or attempts to retain the services of any unlicensed individual as an associate real estate broker or a real estate salesperson to evade the law prohibiting payment of a commission to an unlicensed individual;
(8) guarantees or authorizes or allows another person to guarantee future profits from the resale of real property;
(9) solicits, sells, or offers to sell real property, so as to influence or attempt to influence a prospective party to the sale of real property, by:
(i) offering a prize or a free lot;
(ii) conducting a lottery or contest; or
(iii) advertising “free appraisals”, unless the advertiser is prepared to appraise the real estate free of charge for any person, regardless of the purpose for which the person requests the appraisal;
(10) accepts a listing contract to sell real property that fails to provide a definite termination date that is effective automatically without notice from the buyer or the seller;
(11) accepts a listing contract to sell real property that provides for a “net” return to a seller and leaves the licensee free to sell the real property at any price higher than the “net” price;
(12) knowingly solicits a party to an exclusive listing contract with another licensee to terminate that contract and enter a new contract with the licensee making the solicitation;
(13) solicits a party to a sales contract, lease, or agreement that was negotiated by another to breach the contract, lease, or agreement for the purpose of substituting a new contract, lease, or agreement for which the licensee making the solicitation is either the real estate broker or an associate real estate broker or a real estate salesperson affiliated with the real estate broker;
(14) for any transaction in which the licensee has served as or on behalf of a real estate broker, fails to furnish promptly to each party to the transaction a copy of:
(i) the listing contract to sell or rent real property;
(ii) the contract of sale; or
(iii) the lease agreement;
(15) for any transaction in which the licensee has served as or on behalf of a real estate broker, fails to keep a copy of any executed:
(i) listing contract to sell or rent real property;
(ii) contract of sale; or
(iii) lease agreement;
(16) whether or not acting for monetary gain, knowingly induces or attempts to induce a person to transfer real estate or discourages or attempts to discourage a person from buying real estate:
(i) by making representations about the existing or potential proximity of real property owned or used by individuals of a particular race, color, religion, sex, handicap, familial status, or national origin; or
(ii) by representing that the existing or potential proximity of real property owned or used by individuals of a particular race, color, religion, sex, handicap, familial status, or national origin will or may result in:
1. the lowering of property values;
2. a change in the racial, religious, or ethnic character of the block, neighborhood, or area;
3. an increase in criminal or antisocial behavior in the area; or
4. a decline in the quality of the schools serving the area;
(17) uses any of the following material if it includes the name of an organization or association of which the licensee is not a member:
(i) a contract form for the listing of real property for sale, rent, or exchange;
(ii) a contract form for the sale, rent, or exchange of real property; or
(iii) any advertising matter;
(18) as a real estate broker, an associate real estate broker, or a real estate salesperson, advertises the sale or rent of or an offer to buy real property while failing to disclose in the advertisement the name of the advertiser and the fact that the advertiser is a real estate broker, an associate real estate broker, or a real estate salesperson;
(19) advertises in any misleading or untruthful manner or violates § 17–527.2 of this title;
(20) as a licensed associate real estate broker or a licensed real estate salesperson, advertises the sale or rent of or an offer to buy real property in the name of the associate broker or the salesperson while failing to disclose in the advertisement the name of the real estate broker on behalf of whom the associate broker or the salesperson is acting;
(21) except as provided under § 17–604 of this title, for real estate brokerage services provided by an associate real estate broker or a real estate salesperson, accepts a commission or other valuable consideration from any person other than a real estate broker with whom the associate broker or the salesperson is affiliated;
(22) fails to account for or to remit promptly any money that comes into the possession of the licensee but belongs to another person;
(23) pays or receives a rebate, profit, compensation, or commission in violation of any provision of this title;
(24) under the laws of the United States or of any state, is convicted of:
(i) a felony;
(ii) a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to provide real estate brokerage services; or
(iii) a crime that constitutes a violation of any provision of this title;
(25) engages in conduct that demonstrates bad faith, incompetency, or untrustworthiness or that constitutes dishonest, fraudulent, or improper dealings;
(26) with actual knowledge of the violation, associates with a licensee in a transaction or practice that violates any provision of this title;
(27) violates § 17–320(c) of this subtitle by failing as a real estate broker to exercise reasonable and adequate supervision over the provision of real estate brokerage services by another individual on behalf of the broker;
(28) provides to a party a contract that does not contain a notice of the buyer’s right of selection, as required by § 17–524 of this title;
(29) requires a buyer to employ a particular title insurance company, settlement company, escrow company, or title lawyer in violation of § 17–607 of this title;
(30) fails to make the disclosure or provide the consent form required by § 17–530.2 of this title;
(31) violates any provision of Subtitle 5 of this title that relates to trust money;
(32) violates any other provision of this title;
(33) violates any regulation adopted under this title or any provision of the code of ethics;
(34) violates § 17–320(d) of this subtitle by failing as a branch office manager to exercise reasonable and adequate supervision over the provision of real estate brokerage services by any salesperson or associate broker registered with that office; or
(35) has been disciplined under a real estate licensing law of another jurisdiction.
(c) (1) Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this section, the Commission may impose a penalty not exceeding $5,000 for each violation.
(2) To determine the amount of the penalty imposed, the Commission shall consider:
(i) the seriousness of the violation;
(ii) the harm caused by the violation;
(iii) the good faith of the licensee; and
(iv) any history of previous violations by the licensee.
(3) The Commission shall pay any penalty collected under this subsection into the General Fund of the State.
(4) The Commission may not impose a fine based solely on a violation of subsection (b)(35) of this section.
(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 (b)(24)(i) and (ii) 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 real estate brokerage 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. Occ. & Prof. GBO 17-324
§17–324.
(a) Except as otherwise provided in § 10-226 of the State Government Article, before the Commission takes any final action under § 17-322 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Commission or, as provided under § 17-326 of this subtitle, a hearing board.
(b) The Commission shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(c) In connection with any proceeding under this section, the following individuals may administer oaths:
(1) a member of the Commission;
(2) the executive director of the Commission; and
(3) the assistant director of the Commission.
(d) (1) At least 10 days before the hearing, the hearing notice to be given to the individual shall be:
(i) served personally on the individual; or
(ii) sent by certified mail to the last known business address of the individual.
(2) If the individual is an associate real estate broker or a real estate salesperson, at least 10 days before the hearing, the Commission shall give notice of the hearing to each real estate broker with whom the associate real estate broker or the real estate salesperson is affiliated by sending notice by certified mail to the last known business address of the real estate broker.
(e) The individual may be represented at the hearing by counsel.
(f) If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Commission may hear and determine the matter.
Md. Code, Bus. Occ. & Prof. GBO 17-325
§17–325.
(a) With the approval of the Secretary, the Commission may establish 1 or more real estate hearing boards. If established, each hearing board shall be a unit in the Department.
(b) (1) If established, each hearing board shall consist of at least 3 members of the Commission, appointed by the Commission.
(2) Of the 3 mandatory positions on the hearing board:
(i) at least 1 shall be a professional member of the Commission; and
(ii) at least 1 shall be a consumer member of the Commission.
(c) From among the members of each hearing board, the Commission shall designate a chairman.
Md. Code, Bus. Occ. & Prof. GBO 17-327
§17–327.
(a) Subject to the provisions of subsection (b) of this section, the Commission may order summarily the revocation of:
(1) the license of any licensee, if:
(i) the licensee is convicted of a violation of this title;
(ii) the conviction is final; and
(iii) the period for appeal has expired; or
(2) the license of any nonresident licensee, if the real estate regulatory agency of the state where the licensee is a resident:
(i) revokes the license issued by that state; and
(ii) certifies the order of revocation to the Commission.
(b) The Commission may order summarily a revocation under this section only if it gives the licensee:
(1) written notice of the revocation and the finding on which the revocation is based; and
(2) after the summary revocation is effective, an opportunity to be heard promptly before the Commission or, as provided under § 17-326 of this subtitle, before a hearing board.
(c) (1) Rather than order summarily a revocation of a license under this section, the Commission may elect not to revoke the license until after the licensee is given an opportunity for a hearing.
(2) If the Commission elects to give the licensee an opportunity for a hearing before revoking the license for the grounds set forth in this section, the Commission shall give notice and hold the hearing in the same manner as required under § 17-324 of this subtitle.
(d) (1) In any hearing held on the grounds for revocation under subsection (a) of this section, the Commission may restrict the admission of evidence to the issue whether:
(i) the alleged conviction in fact occurred; or
(ii) the alleged revocation in fact occurred.
(2) Notwithstanding paragraph (1) of this subsection, in any hearing held on the grounds for revocation under subsection (a) of this section, a licensee may present matters in mitigation of the offense charged.
Md. Code, Bus. Occ. & Prof. GBO 17-330
§17–330.
(a) Whenever the Commission revokes or suspends the license of a licensee under § 17-322 of this subtitle and a stay is not ordered by the Commission or the court, the Commission shall mail notice of the suspension or revocation:
(1) to the licensee;
(2) if the licensee is an associate real estate broker or a real estate salesperson, to each real estate broker with whom the licensee is affiliated;
(3) to the Maryland Association of Realtors; and
(4) to the local board of realtors and the realtist organization having jurisdiction over the geographic area where the licensee maintained an office.
(b) (1) If the Commission revokes or suspends the license of a nonresident licensee, the Commission also shall notify by mail the real estate commission or other licensing authority in the state where the licensee is a resident.
(2) The Commission shall include in the notice the cause for the revocation or suspension of the license.
Md. Code, Bus. Occ. & Prof. GBO 17-3A-02
§17–3A–02.
(a) Subject to the limitations of this subtitle, the Commission may issue a reciprocal license to a person:
(1) holding a current license to provide real estate brokerage services issued by another state; and
(2) whose principal place of business for the provision of real estate brokerage services is outside the State.
(b) The reciprocal license shall be for the category of license the Commission determines is most similar to the category of license issued by the other state.
Md. Code, Bus. Occ. & Prof. GBO 17-3A-04
§17–3A–04.
(a) Except as otherwise provided in this subtitle, the Commission shall issue a reciprocal license to an applicant licensed in another state to provide real estate brokerage services if:
(1) the applicant files with the Commission an application for a reciprocal license;
(2) (i) the jurisdiction in which the principal place of business of the applicant is located submits a certified copy of a current license issued to the applicant; or
(ii) the licensing body for the other state submits a certified statement indicating that the applicant holds a current license in the other state;
(3) the licensing body for the other state submits:
(i) a statement indicating whether the applicant has been the subject of any disciplinary proceeding; and
(ii) if the applicant has been the subject of any disciplinary proceeding, the details of the proceeding;
(4) the applicant submits to the Commission a statement attesting to the fact that:
(i) to the knowledge of the applicant, the applicant is not the subject of discipline or a current investigation or proceeding alleging misconduct under a licensing law or criminal law of this State or any other jurisdiction;
(ii) the applicant has not been convicted under the laws of the United States or of any state of:
1. a felony;
2. a misdemeanor that is directly related to the fitness and qualifications of the applicant to provide real estate brokerage services; or
3. a crime that constitutes a violation of any provision of this title;
(iii) the applicant has reviewed, is familiar with, and agrees to be bound by the:
1. provisions of this title;
2. regulations of the Commission; and
3. Maryland Code of Ethics; and
(iv) the applicant agrees to permit the disclosure to the Commission of the record in any disciplinary proceeding involving alleged misconduct by the applicant from any jurisdiction in which the applicant is or has been licensed;
(5) the applicant pays the fees required under this title for the comparable or equivalent license for which the applicant is seeking a reciprocal license; and
(6) the applicant submits a consent form to service of process, in a form required by the Commission.
(b) The Commission may deny an application for a reciprocal license if the Commission finds that an applicant is not of good character and conduct based on:
(1) the applicant’s violation of a real estate licensing law of another state;
(2) the applicant’s conviction of a crime described in subsection (a)(4)(ii) of this section; or
(3) the applicant’s being the subject of a disciplinary proceeding in another jurisdiction.
Md. Code, Bus. Occ. & Prof. GBO 17-3A-06
§17–3A–06.
(a) This subtitle may be implemented by written reciprocal licensing agreements with the real estate licensing authorities of other states.
(b) Subject to § 17-3A-07 of this subtitle, the Commission is not required to enter into an agreement with another state before issuing a reciprocal license to a licensee from that other jurisdiction.
Md. Code, Bus. Occ. & Prof. GBO 17-3A-09
§17–3A–09.
(a) A person that holds a reciprocal license shall promptly notify the Commission if the person establishes a principal place of business for the provision of real estate brokerage services in the State.
(b) A person that holds a reciprocal license shall obtain a standard license under the licensing provisions of this title within 90 days after establishing a principal place of business in the State.
Md. Code, Bus. Occ. & Prof. GBO 17-3A-10
§17–3A–10.
(a) Subject to subsection (c) of this section, the holder of a reciprocal license has the same rights and responsibilities as a person who holds a comparable standard license issued under this title.
(b) (1) Subject to paragraph (2) of this subsection, a person that holds a reciprocal license issued by the Commission may renew the reciprocal license in accordance with the renewal procedures for the comparable or equivalent standard license under § 17-314 of this title.
(2) At the time of application for the renewal of a reciprocal license, the applicant shall provide proof that the applicant:
(i) continues to hold a current license in the state in which the applicant’s principal place of business is located; and
(ii) is not the subject of a disciplinary action or a current investigation or proceeding alleging misconduct under a real estate licensing law of the state in which the applicant’s principal place of business is located.
(c) The holder of a reciprocal license is:
(1) not eligible to be a member of the Commission;
(2) exempt from the requirements of §§ 17-303, 17-304, 17-305, 17-315, 17-503, and 17-517 of this title; and
(3) exempt from having to pass an examination required for a comparable standard license.
Md. Code, Bus. Occ. & Prof. GBO 17-402
§17–402.
(a) The Commission shall:
(1) establish a Real Estate Guaranty Fund; and
(2) maintain the Guaranty Fund at a level of at least $250,000.
(b) (1) The Commission shall deposit all money collected to the credit of the Guaranty Fund with the State Treasurer for placement into a special account.
(2) (i) The State Treasurer may invest or reinvest money in the Guaranty Fund in the same manner as money in the State Retirement and Pension System.
(ii) The investment earnings shall be:
1. credited to the Guaranty Fund; and
2. available for the same purposes as the money deposited into the Guaranty Fund.
(c) The Commission may adopt regulations for the administration of a Guaranty Fund.
Md. Code, Bus. Occ. & Prof. GBO 17-403
§17–403.
(a) (1) Subject to paragraph (2) of this subsection, before the Commission issues a real estate broker license, an associate real estate broker license, or a real estate salesperson license to any individual, the individual shall pay a fee of $20 to be credited to the Guaranty Fund.
(2) Regardless of how many times an individual applies to the Commission for a license under this title, the Commission may charge the individual only once for the fee required under this subsection.
(b) If the amount in the Guaranty Fund falls below $300,000, and the Commission is projected to have an operating surplus of at least $500,000 in the current fiscal year, the Commission may transfer up to $500,000 to the Guaranty Fund from the State Real Estate Commission Fund established under § 2–106.3 of the Business Regulation Article.
(c) If the amount in the Guaranty Fund falls below $250,000, the Commission shall assess each real estate broker, each associate real estate broker, and each real estate salesperson a fee in an amount that will return the Guaranty Fund to a level of at least $250,000.
Md. Code, Bus. Occ. & Prof. GBO 17-404
§17–404.
(a) (1) Subject to the provisions of this subtitle, a person may recover compensation from the Guaranty Fund for an actual loss.
(2) A claim shall:
(i) be based on an act or omission that occurs in the provision of real estate brokerage services by:
1. a licensed real estate broker;
2. a licensed associate real estate broker;
3. a licensed real estate salesperson; or
4. an unlicensed employee of a licensed real estate broker;
(ii) involve a transaction that relates to real estate that is located in the State; and
(iii) be based on an act or omission:
1. in which money or property is obtained from a person by theft, embezzlement, false pretenses, or forgery; or
2. that constitutes fraud or misrepresentation.
(b) The amount recovered for any claim against the Guaranty Fund may not exceed $50,000 for each claim.
(c) (1) A person may not recover from the Guaranty Fund for any loss that relates to:
(i) the purchase of any interest in a limited partnership that is formed for the purpose of investment in real estate;
(ii) a joint venture that is promoted by a licensed real estate broker, a licensed associate real estate broker, or licensed real estate salesperson for the purpose of investment in real estate by 2 or more individuals; or
(iii) the purchase of commercial paper that is secured by real estate.
(2) A claim under the Guaranty Fund may not be made by:
(i) the spouse of the licensee or the unlicensed employee alleged to be responsible for the act or omission giving rise to the claim; or
(ii) the personal representative of the spouse of the licensee or the unlicensed employee alleged to be responsible for the act or omission giving rise to the claim.
(d) A claim under this subtitle shall be submitted to the Commission within 3 years after the claimant discovers or, by the exercise of ordinary diligence, should have discovered the loss or damage.
Md. Code, Bus. Occ. & Prof. GBO 17-407
§17–407.
(a) The Commission shall act promptly on a claim made under this subtitle.
(b) Upon receipt of a claim, the Commission shall:
(1) forward a copy of the claim:
(i) to each licensee alleged to be responsible for the act or omission giving rise to the claim;
(ii) to each unlicensed employee alleged to be responsible for the act or omission giving rise to the claim; and
(iii) if the licensee alleged to be responsible for the act or omission giving rise to the claim is an associate real estate broker or a real estate salesperson, to each real estate broker with whom the associate real estate broker or the real estate salesperson is affiliated; and
(2) request from each of those individuals a written response within 10 days to the allegations set forth in the claim.
(c) (1) The Commission:
(i) shall review the claim and any response to the claim; and
(ii) may conduct an investigation of the claim.
(2) On the basis of its review and any investigation that the Commission conducts, it shall:
(i) issue a proposed award under subsection (d) of this section;
(ii) set the matter for a hearing; or
(iii) if the claim is frivolous, made in bad faith, or legally insufficient, dismiss the claim.
(d) (1) (i) If a claimant’s total claim arising from the conduct of one licensee does not exceed $5,000, the Commission may issue a proposed order to either pay the claim in whole or in part or to deny the claim.
(ii) The Commission shall send the proposed order to the claimant and the licensee by personal delivery or by both regular and certified mail, return receipt requested.
(iii) The proposed order shall be sent to the licensee at the most recent address on record with the Commission.
(2) (i) Within 30 days after the date of personal service of the proposed order or receipt of the proposed order by certified mail, the licensee or the claimant may request in writing a hearing before the Commission or file written exceptions to the proposed order issued under paragraph (1) of this subsection.
(ii) On receipt of a written request for a hearing or written exceptions to the proposed order in accordance with subparagraph (i) of this paragraph, the Commission shall schedule a hearing on the claim.
(iii) If a hearing is not requested or if timely exceptions are not filed to the proposed order, the proposed order shall become a final order of the Commission.
(e) At any claim hearing, the burden of proof shall be on the claimant to establish the validity of the claim.
Md. Code, Bus. Occ. & Prof. GBO 17-409
§17–409.
(a) If a claim against the Guaranty Fund alleges that the act or omission giving rise to the claim was performed by a licensed real estate broker, a licensed associate real estate broker, or a licensed real estate salesperson, the Commission shall join the proceeding on the claim with any disciplinary proceeding against the licensee under this title arising from the same facts alleged in the claim.
(b) (1) For that part of a hearing on consolidated proceedings that relates to disciplinary action but does not relate to the Guaranty Fund claim against a licensee, the claimant:
(i) may not be a party; and
(ii) may participate only as a witness.
(2) For that part of a hearing on consolidated proceedings that relates to the claim against the Guaranty Fund, the claimant is a party.
Md. Code, Bus. Occ. & Prof. GBO 17-501
§17–501.
(a) In this Part I of this subtitle the following words have the meanings indicated.
(b) “Beneficial owner” means a person, other than the owner of the trust money, for whose benefit a real estate broker or, on behalf of a real estate broker, an associate real estate broker or a real estate salesperson is entrusted to hold trust money.
(c) “Trust money” means a deposit, payment, or other money that a person entrusts to a real estate broker or, on behalf of a real estate broker, to an associate real estate broker or a real estate salesperson to hold for:
(1) the benefit of the owner or beneficial owner of the trust money; and
(2) a purpose that relates to a real estate transaction involving real estate in the State.
Md. Code, Bus. Occ. & Prof. GBO 17-502
§17–502.
(a) An associate real estate broker or a real estate salesperson who obtains trust money while providing real estate brokerage services promptly shall submit the trust money to the real estate broker on whose behalf the associate real estate broker or the real estate salesperson provided the real estate brokerage services.
(b) (1) Except as otherwise provided in subsection (c) of this section, a real estate broker promptly, but not more than 7 business days after the acceptance of a contract of sale by both parties, shall deposit trust money in an account that is maintained by the real estate broker:
(i) separately from the real estate broker’s own accounts; and
(ii) solely for trust money.
(2) A real estate broker may not use trust money for any purpose other than that for which it is entrusted to the real estate broker.
(c) Subsection (b)(1) of this section does not apply if the real estate broker receives written directions to the contrary as authorized under § 17-505(d) of this subtitle.
Md. Code, Bus. Occ. & Prof. GBO 17-503
§17–503.
Except as authorized under § 17-505 of this subtitle, a real estate broker shall deposit all trust money in a financial institution that is located in the State and whose deposits are insured by:
(1) the Federal Deposit Insurance Corporation;
(2) the Federal Savings and Loan Insurance Corporation;
(3) the National Credit Union Administration;
(4) the State of Maryland Deposit Insurance Fund Corporation; or
(5) the Credit Union Insurance Corporation.
Md. Code, Bus. Occ. & Prof. GBO 17-504
§17–504.
Unless the owner and beneficial owner give written instructions to the contrary, a real estate broker may deposit trust money in:
(1) a noninterest bearing checking account;
(2) a noninterest bearing savings account; or
(3) any combination of these accounts.
Md. Code, Bus. Occ. & Prof. GBO 17-505
§17–505.
(a) A real estate broker shall maintain trust money in an account authorized under this Part I of this subtitle until:
(1) the real estate transaction for which the trust money was entrusted is consummated or terminated;
(2) the real estate broker receives proper written instructions from the owner and beneficial owner directing withdrawal or other disposition of the trust money;
(3) on an interpleader filed by the real estate broker, a court orders a different disposition; or
(4) the owner or beneficial owner of the trust money fails to complete the real estate transaction for which the trust money was entrusted and the real estate broker, in the real estate broker’s sole discretion, decides to distribute the trust money in accordance with subsection (b) of this section.
(b) (1) Prior to distributing the trust money under subsection (a)(4) of this section, the real estate broker shall notify both the owner and the beneficial owner that the real estate broker intends to distribute the trust money to the person who, in the good faith opinion of the real estate broker, is entitled to receive the trust money in accordance with the terms of the real estate contract which established the trust.
(2) The notice required under this subsection shall:
(i) be in writing;
(ii) state whether the trust money will be paid to the owner or beneficial owner; and
(iii) disclose to the owner and the beneficial owner that:
1. either party may prevent distribution of the trust money under subsection (a)(4) of this section by submitting a protest within 30 days from the date the notice was delivered or mailed by the real estate broker; and
2. if neither party submits a protest within 30 days from the date the notice was delivered or mailed by the real estate broker, the trust money will be distributed in accordance with the real estate broker’s notice.
(3) The notice required under this subsection shall be:
(i) hand delivered to both the owner and beneficial owner; or
(ii) sent by certified mail, return receipt requested, and regular mail to both the owner and beneficial owner.
(4) (i) An owner or beneficial owner may protest the distribution of the trust money.
(ii) An owner or beneficial owner shall submit the protest to the real estate broker holding the trust money within 30 days from the date the notice required in paragraph (1) of this subsection was delivered or mailed by the real estate broker.
(iii) A protest shall be in writing and either:
1. hand delivered; or
2. sent by certified mail, return receipt requested, and regular mail.
(5) (i) If a written protest is received by the real estate broker, the real estate broker shall distribute the trust money in accordance with subsection (a)(1), (2), or (3) of this section.
(ii) If no written protest is received by the real estate broker holding the trust money, the real estate broker shall distribute the trust money in accordance with the terms of the notice as required in this section.
(c) If a purchaser of residential real estate, as defined in § 10–802 of the Real Property Article, terminates a real estate transaction in accordance with § 10–803 of the Real Property Article, the real estate broker shall distribute the trust money to the purchaser in accordance with this section.
(d) When the duty of the real estate broker to maintain trust money in an account terminates, the real estate broker promptly shall account for all trust money.
(e) A real estate broker may invest trust money:
(1) as the owner and beneficial owner of the trust money instruct in writing; or
(2) as the real estate broker, owner, and beneficial owner of the trust money agree in writing.
(f) A real estate broker may not be liable to an owner or beneficial owner of the trust money for:
(1) a good faith decision to distribute the trust money under subsection (a)(4) of this section; or
(2) a decision not to distribute the trust money under subsection (a)(4) of this section.
(g) An agreement under which a real estate broker is entrusted with the trust money shall contain a statement that the real estate broker may distribute the trust money in accordance with subsection (b) of this section if the owner or beneficial owner of the trust money fails to complete the real estate transaction for which the trust money was entrusted.
Md. Code, Bus. Occ. & Prof. GBO 17-507
§17–507.
(a) Each real estate broker shall maintain all records of trust money in a secured area within the office of the broker.
(b) (1) Each licensee shall keep copies of:
(i) listings; and
(ii) any other document executed or obtained by the licensee in connection with a transaction involving the provision of real estate brokerage services, including any electronic signature contained on a document.
(2) (i) A licensee shall keep the records required by this section for 5 years, starting on the date of the closing of a real estate transaction, or, if the transaction is not closed, 5 years after the date of the listing.
(ii) A licensee providing property management services shall keep the records required by this section for 5 years after the termination of the management agreement.
(c) For any record required to be kept under subsections (a) and (b) of this section, a licensee may keep and store an electronic record of the information if:
(1) the stored record cannot be erased or edited;
(2) the stored record is made or preserved as part of, and in the regular course of, the licensee’s business;
(3) the original record from which the stored record was copied was made or prepared by the licensee or the licensee’s employees at or near the time of the activity described in the record;
(4) the custodian of the record is able to identify the stored record, the mode of its preparation, and the mode of storage; and
(5) the electronic storage system contains a reliable indexing system that provides:
(i) convenient access to the document or record;
(ii) appropriate quality control of the storage process; and
(iii) chronological arrangement of stored documents or records.
(d) (1) On reasonable notice from the Commission, a licensee shall allow a representative of the Commission to enter the licensee’s place of business during business hours to inspect a record required to be kept under subsection (b) of this section.
(2) The licensee shall provide, at the licensee’s expense, a paper copy of any document or record requested by the Commission.
(3) A licensee shall display to the Commission on demand all records, books, and accounts of any money held in trust.
Md. Code, Bus. Occ. & Prof. GBO 17-508
§17–508.
In addition to being subject to disciplinary action under §§ 17-322 and 17-328 of this title, a real estate broker, an associate real estate broker, or a real estate salesperson who violates any provision of this Part I of this subtitle is subject to any other civil or criminal action provided by law.
Md. Code, Bus. Occ. & Prof. GBO 17-511
§17–511.
(a) (1) In this section the following words have the meanings indicated.
(2) “Business” means a person or entity, regardless of legal structure, through which real estate brokerage services are provided.
(3) (i) “Immediate family member” means a spouse, parent, child, or sibling.
(ii) “Immediate family member” includes a stepparent, stepchild, or stepsibling.
(4) “Interest in a business” means, in the case of a business that is in a corporation, the outstanding voting stock of the corporation through which real estate brokerage services are provided.
(b) (1) Not more than 50% of the interest in a business may be held directly or indirectly by associate real estate brokers, real estate salespersons, or any combination of associate brokers or salespersons.
(2) Unless the immediate family member is affiliated with the business as an associate real estate broker or real estate salesperson, an interest of a licensee in a business through which real estate brokerage services are provided shall include any interest in the business held by an immediate family member of the licensee.
(c) Except as to the limitation of interest of the professional service corporation in a business through which real estate brokerage services are provided, this section does not affect the formation of a professional service corporation by associate real estate brokers and real estate salespersons authorized by § 17–512 of this subtitle.
Md. Code, Bus. Occ. & Prof. GBO 17-512
§17–512.
(a) With the consent of a licensed real estate broker, one or more licensed real estate salespersons and licensed associate real estate brokers who are affiliated with the licensed real estate broker may:
(1) organize and wholly own a professional service corporation under the Maryland Professional Service Corporation Act;
(2) form a limited liability company under the Maryland Limited Liability Company Act; or
(3) form any other business entity authorized under Maryland law.
(b) A professional service corporation may be organized and owned or a limited liability company or other business entity may be formed under this section by any number and any combination of licensed real estate salespersons and licensed associate real estate brokers. However, each shareholder in the corporation, member of the limited liability company, or owner of any other business entity shall be either a licensed real estate salesperson or a licensed associate real estate broker.
(c) A licensed real estate salesperson or a licensed associate real estate broker who is a shareholder of a professional service corporation, a member of a limited liability company, or the owner of any other business entity may direct that any commission due the salesperson or associate broker be paid to the corporation, limited liability company, or other business entity.
Md. Code, Bus. Occ. & Prof. GBO 17-513
§17–513.
An individual licensed by this State may divide a fee that is earned on a real estate transaction in this State with an individual licensed to provide real estate brokerage services in another state if the other state allows a fee that is earned on a real estate transaction in that state to be divided with an individual licensed by this State.
Md. Code, Bus. Occ. & Prof. GBO 17-515
§17–515.
(a) If any of the following acts are performed by a nonresident real estate broker, nonresident associate real estate broker, or nonresident real estate salesperson, the act shall constitute an irrevocable consent, as provided in subsection (b) of this section:
(1) participating in any real estate transaction in the State; or
(2) dividing fees or holding deposits from any real estate transaction in the State.
(b) A consent arising under this section shall have the same effect and be subject to the same procedures for service of process as a consent submitted under § 17-514 of this subtitle.
Md. Code, Bus. Occ. & Prof. GBO 17-516
§17–516.
A person may not bring an action or recover on an action for compensation for providing real estate brokerage services in a court of the State unless the person was authorized to provide real estate brokerage services under this title at the time of offering to provide and providing real estate brokerage services.
Md. Code, Bus. Occ. & Prof. GBO 17-517
§17–517.
(a) Each licensed real estate broker who is a resident of the State shall maintain an office in the State.
(b) Each licensed real estate broker who is a nonresident of the State shall maintain an office in this State if the state in which the nonresident broker resides requires a resident of this State who is licensed in the other state to maintain an office in that state.
Md. Code, Bus. Occ. & Prof. GBO 17-518
§17–518.
(a) Subject to the provisions of this subtitle, a licensed real estate broker may maintain branch offices in the State.
(b) A licensed real estate broker shall obtain a branch office certificate before the broker may maintain a branch office in the State.
(c) (1) An applicant for a branch office certificate shall:
(i) submit to the Commission an application on the form that the Commission provides;
(ii) submit to the Commission written notice of the identity of the individual appointed as manager of the branch office under subsection (d) of this section; and
(iii) pay to the Commission an application fee of $5.
(2) The Commission shall issue a branch office certificate to each licensed real estate broker who meets the requirements of this section.
(d) (1) Subject to paragraph (2) of this subsection, the licensed real estate broker shall designate a manager, which may be the broker, for each branch office of the broker.
(2) If the licensed real estate broker designates another individual as a branch office manager, the manager shall be:
(i) a licensed associate real estate broker;
(ii) a licensed real estate salesperson who has at least 3 years’ experience providing real estate brokerage services; or
(iii) a licensed real estate salesperson who:
1. has completed successfully a course in real estate approved by the Commission for real estate brokers; and
2. has passed the real estate broker’s examination given by the Commission under § 17–306 of this title.
(3) A licensed real estate salesperson seeking to qualify as a branch office manager under paragraph (2)(iii) of this subsection shall submit to the Commission, before taking the real estate broker’s examination, a commitment from the licensed real estate broker proposing to engage the salesperson as a branch office manager.
(4) The manager shall have the responsibility to supervise the provision of real estate brokerage services by the associate brokers and sales agents registered to that office as provided for in § 17–320 of this title.
(e) (1) Unless a branch office certificate is renewed for a 2–year term as provided in this subsection, the certificate expires on the first April 30 that comes:
(i) after the effective date of the certificate; and
(ii) in an even–numbered year.
(2) Before a branch office certificate expires, a licensed real estate broker periodically may renew it for an additional 2–year term, if the broker:
(i) submits to the Commission a renewal application on the form that the Commission provides accompanied by the license renewal application of the manager of the branch office; and
(ii) pays to the Commission a renewal fee of $5.
(3) The Commission shall renew the branch office certificate of each licensed real estate broker who meets the requirements of this section.
Md. Code, Bus. Occ. & Prof. GBO 17-519
§17–519.
(a) In accordance with this section, a real estate broker shall display a sign at each office and branch office that the real estate broker maintains for the provision of real estate brokerage services.
(b) The real estate broker shall display the sign conspicuously on the door or outside of the premises of each office or branch office so that the sign is visible to the public.
(c) The real estate broker shall include on the sign the words “real estate” or, where authorized by the respective trade associations, “realtor” or “realtist”.
Md. Code, Bus. Occ. & Prof. GBO 17-520
§17–520.
(a) Within the time set by the Commission, a real estate broker shall submit to the Commission:
(1) written notice of any change in the address of the principal office of the broker on the form that the Commission provides;
(2) the license certificate and pocket card of the broker; and
(3) a fee for issuance of a new license certificate and pocket card of $5.
(b) On receipt of the notice, fee, license certificate, and pocket card, the Commission shall issue a new license certificate and pocket card to the real estate broker for the unexpired period of the broker’s license.
(c) Within the time set by the Commission, a real estate broker shall submit to the Commission:
(1) written notice of any change in the address of a branch office of the broker on the form that the Commission provides;
(2) the branch office certificate; and
(3) a fee for the issuance of a new branch office certificate of $5.
(d) On receipt of the notice, fee, and branch office certificate, the Commission shall issue a new branch office certificate to the real estate broker for the unexpired period of the branch office certificate.
(e) If a real estate broker changes the address of the principal office or a branch office of the broker and fails to submit the required notice, the license of the broker shall be suspended automatically until the broker submits the required notice.
(f) If the address of the affiliated brokerage of a licensed associate real estate broker or a licensed real estate salesperson changes, within the time set by the Commission, the licensee shall submit to the Commission:
(1) written or electronic notice of any change in the address of the brokerage;
(2) the license certificate and pocket card of the licensee; and
(3) a fee for the issuance of a new license certificate and pocket card of $5.
Md. Code, Bus. Occ. & Prof. GBO 17-522
§17–522.
(a) After a public hearing, the Commission may declare an urban area a “real estate conservation area” if the Commission finds that the racial stability of the area is threatened by the volume of real estate transactions.
(b) (1) Subject to the provisions of this subsection, the Commission may suspend, by order, any methods of advertising real estate brokerage services or soliciting listings of houses for the purpose of resale or rental in a real estate conservation area if the Commission determines that:
(i) the area would benefit by the suspension;
(ii) the suspension would advance a State interest;
(iii) there is a reasonable basis to believe that panic selling, blockbusting, or depressed real estate market values would occur without the suspension; and
(iv) there is no less restrictive alternative available.
(2) In determining whether to impose a suspension, the Commission shall base its determination on a preponderance of the evidence.
(3) When determining whether to impose a suspension, the Commission shall provide information to the community affected, including:
(i) the racial and economic composition of the real estate conservation area;
(ii) the number of real estate transactions in the area; and
(iii) the fair market values of properties affected.
(4) A suspension under paragraph (1) of this subsection may not:
(i) apply to advertising in regularly distributed newspapers, magazines, radio, television, or telephone directories; or
(ii) exceed 24 months in duration.
(c) (1) Subject to the provisions of this subsection, the Commission may:
(i) modify a suspension;
(ii) remove a suspension; or
(iii) periodically renew a suspension for a period not exceeding 24 months.
(2) In determining whether to modify, remove, or renew a suspension, the Commission shall follow the same requirements for originally imposing a suspension under subsection (b) of this section.
(d) Any person aggrieved by a suspension may take an appeal to the circuit court of any county.
Md. Code, Bus. Occ. & Prof. GBO 17-523
§17–523.
(a) Each real estate contract submitted to a party by a real estate broker, an associate real estate broker, or a real estate salesperson for use in the sale of residential property used as a dwelling place for one or two single-family units shall contain, in the manner provided under subsection (b) of this section, the following statement, as required by § 14-117 of the Real Property Article:
“Section 14-104 of the Real Property Article of the Annotated Code of Maryland provides that, unless otherwise negotiated in the contract or provided by local law, the cost of any recordation tax or any State or local transfer tax shall be shared equally between the buyer and seller.”
(b) The statement required under subsection (a) of this section shall be printed in conspicuous type or handwritten in the contract or an addendum to the contract.
(c) A real estate contract is not rendered invalid by the omission of the statement to the buyer required under subsection (a) of this section.
Md. Code, Bus. Occ. & Prof. GBO 17-524
§17–524.
(a) Each real estate contract submitted to a party by a real estate broker, an associate real estate broker, or a real estate salesperson for use in the sale of a single-family dwelling shall contain, in bold-faced type, a statement that the buyer has the right to select the buyer’s own:
(1) title insurance company;
(2) settlement company;
(3) escrow company;
(4) mortgage lender, or financial institution as defined in the Financial Institutions Article; or
(5) title lawyer.
(b) The statement required under subsection (a) of this section shall also contain, in bold-faced type, a statement that a seller may not be prohibited from offering owner financing as a condition of settlement.
(c) A real estate contract is not rendered invalid by the omission of the statement to the buyer required under subsections (a) and (b) of this section.
Md. Code, Bus. Occ. & Prof. GBO 17-524.1
§17–524.1.
(a) (1) In this section, “commercial real estate” means:
(i) real property improved by five or more single–family units;
(ii) improved and unimproved real property zoned for commercial, industrial, or nonresidential use by the local zoning authority of the county or municipality in which the property is located; or
(iii) unimproved real property zoned for improvement as multifamily units by the local zoning authority of the county or municipality in which the property is located.
(2) “Commercial real estate” does not include:
(i) property zoned for agricultural use; and
(ii) single–family units, including a condominium or co–op unit, for sale or for lease, or otherwise conveyed or to be conveyed on a single basis.
(b) Each real estate contract submitted to a party by a real estate broker, a nonresident real estate broker, an associate real estate broker, a real estate salesperson, or a nonresident real estate salesperson for use in the sale of commercial real estate shall contain, in bold–faced type, a statement that the buyer has the right to select the buyer’s own:
(1) title insurance company;
(2) settlement company;
(3) escrow company; or
(4) title lawyer.
(c) The statement required under subsection (b) of this section shall also contain, in bold–faced type, a statement that a seller may not be prohibited from offering owner financing as a condition of settlement.
Md. Code, Bus. Occ. & Prof. GBO 17-525
§17–525.
(a) The purpose of this section is to prohibit steering and other discriminatory real estate practices with respect to residential housing in Baltimore City to:
(1) ensure fair and equal real estate housing practices in Baltimore City for all of its residents, regardless of race, color, sex, religion, or national origin;
(2) provide fair and equal real estate housing opportunities in Baltimore City for all of its residents, regardless of race, color, sex, religion, or national origin; and
(3) protect and ensure the peace, health, safety, prosperity, and general welfare of all residents of Baltimore City.
(b) This section applies only in regard to residential property in Baltimore City.
(c) (1) (i) Except as provided in paragraph (2) of this subsection, each real estate broker shall maintain a current and complete registry of all residential properties that the broker lists for sale in Baltimore City.
(ii) The real estate broker shall break down the properties listed in the registry into price categories that are established by the Commission.
(iii) If a prospective buyer requests to see the registry, the real estate broker shall allow the prospective buyer to see the part of the registry for the price category in which the prospective buyer indicates interest.
(2) This subsection does not require a real estate broker who is a member of a multiple listing service to disclose properties that are obtained from multiple listing.
(d) (1) Unless requested to do so by a prospective buyer or renter, a real estate broker, an associate real estate broker, or a real estate salesperson may not fail or refuse to show any residential property that is available for sale, rent, or sublease to a prospective buyer or renter because of:
(i) the race, color, sex, religion, or national origin of the prospective buyer or renter; or
(ii) the racial composition or character of the neighborhood where the property is located.
(2) A real estate broker, an associate real estate broker, or a real estate salesperson may not fail or refuse to show all available listed residential properties that are in a certain area and within a specified price range to a prospective buyer or renter who has requested to be shown all available properties that are in the area and within the specified price range.
(3) If the representation is made because of the race, color, sex, religion, or national origin of the prospective buyer or renter or because of the racial composition or character of the area where the property is located, a real estate broker, an associate real estate broker, or a real estate salesperson may not represent to a prospective buyer or renter that the available residential properties, prospective sites for a residence, or listings are limited to those already shown when, in fact, there is a residential property, a prospective site for a residence, or a listing that is available and within the price range specified by the prospective buyer or renter.
(e) This section does not prohibit a real estate broker, an associate real estate broker, or a real estate salesperson from charging a reasonable fee for showing a residential property to a prospective buyer or renter.
(f) The Commission shall enforce the provisions of this section and, for this purpose, may receive complaints, conduct investigations, issue subpoenas, administer oaths, and hold hearings.
Md. Code, Bus. Occ. & Prof. GBO 17-526
§17–526.
(a) The purpose of this section is to prohibit certain discriminatory real estate practices with respect to housing in Montgomery County to:
(1) ensure fair and equal real estate housing practices for all of its residents, regardless of race, color, religion, sex, marital status, national origin, or, as defined in § 20–701 of the State Government Article, disability;
(2) provide fair and equal real estate housing opportunities for all of its residents, regardless of race, color, religion, sex, marital status, national origin, or, as defined in § 20–701 of the State Government Article, disability;
(3) ensure fair and equal real estate housing practices and provide fair and equal real estate housing opportunities for those individuals who are at least 62 years of age; and
(4) protect and ensure the peace, health, safety, prosperity, and general welfare of all residents of Montgomery County.
(b) This section applies only in regard to residential property in Montgomery County.
(c) (1) Each real estate broker shall maintain a current and complete registry of all residential properties that:
(i) the broker personally lists for sale or rent in Montgomery County; and
(ii) if the broker is a member of a multiple listing service, are listed with the multiple listing service in Montgomery County.
(2) The real estate broker shall break down the properties listed in the registry into price categories that are established by the Commission or the multiple listing service.
(3) If a prospective buyer or renter requests to see the registry, the real estate broker shall allow the prospective buyer or renter to see the part of the registry for the price category in which the prospective buyer or renter indicates interest.
(4) The Commission shall:
(i) prepare a notice that sets forth the exact language of paragraphs (1) through (3) of this subsection; and
(ii) distribute a copy of the notice to each real estate office that is located in Montgomery County.
(5) Each real estate broker shall post the notice in a conspicuous place in each real estate office of the broker that is located in Montgomery County.
(d) (1) A real estate broker, an associate real estate broker, or a real estate salesperson may not refuse to show any residential property or prospective site for a residence that is available for sale, rent, or sublease to a prospective buyer or renter because of:
(i) the race, color, religion, sex, marital status, national origin, or, as defined in § 20–701 of the State Government Article, disability of the prospective buyer or renter; or
(ii) the composition or character of the neighborhood where the property is located.
(2) If the representation is made because of the race, color, religion, sex, marital status, national origin, or, as defined in § 20–701 of the State Government Article, disability of the prospective buyer or renter or because of the composition or character of the neighborhood where the property is located, a real estate broker, an associate real estate broker, or a real estate salesperson may not represent to a prospective buyer or renter that the available residential properties, prospective sites for a residence, or listings in a specified price range are limited to those already shown when, in fact, there is an additional residential property, a prospective site for a residence, or a listing in a specified price range that is available and within the price range specified by the prospective buyer or renter.
(e) The Commission shall enforce the provisions of this section and, for this purpose, may receive complaints, conduct investigations, issue subpoenas, and hold hearings.
Md. Code, Bus. Occ. & Prof. GBO 17-527.1
§17–527.1.
(a) This section applies to a real estate broker who purchases errors and omissions insurance that provides coverage to the associate real estate brokers and the real estate salespersons who are affiliated with or employed by the real estate broker.
(b) A real estate broker shall provide immediate notice of a discontinuance of the broker’s errors and omissions insurance to those associate real estate brokers and real estate salespersons who were covered under the broker’s policy.
Md. Code, Bus. Occ. & Prof. GBO 17-527.2
§17–527.2.
(a) (1) In this section the following words have the meanings indicated.
(2) “Advertise” means the use of any oral, written, or visual advertisement by a licensed real estate salesperson, licensed real estate broker, licensed associate real estate broker, or other person on behalf of a licensed real estate salesperson, licensed real estate broker, or licensed associate real estate broker.
(3) (i) “Advertisement” means, unless the context requires otherwise, any oral, written, or printed media advertisement.
(ii) “Advertisement” includes any correspondence, mailing, newsletter, brochure, business card, for sale or for lease sign and sign rider, promotional item, automobile signage, telephone directory listing, television announcement, radio announcement, telephone solicitation, and World Wide Web and Internet voice-overs.
(4) (i) “Designated name” means the individual name of a licensed real estate salesperson, licensed real estate broker, or licensed associate real estate broker other than the licensed real estate salesperson’s, licensed real estate broker’s, or licensed associate real estate broker’s full legal name.
(ii) “Designated name” includes a first name, nickname, or last name.
(b) A licensed real estate salesperson, licensed real estate broker, or licensed associate real estate broker may not advertise unless:
(1) the name or designated name of the licensed real estate salesperson, licensed real estate broker, or licensed associate real estate broker, as the name or designated name appears on the license certificate and pocket card issued by the Commission, is meaningfully and conspicuously included in the advertisement; and
(2) the name of the business with which the licensed real estate salesperson, licensed real estate broker, or licensed associate real estate broker is affiliated:
(i) is meaningfully and conspicuously included in the advertisement; and
(ii) is the full name of the business and not a logo used by the business.
Md. Code, Bus. Occ. & Prof. GBO 17-527.3
§17–527.3.
(a) A licensed real estate salesperson, licensed real estate broker, or licensed associate real estate broker may provide real estate brokerage services under a designated name that has been approved by the Commission.
(b) Subject to the approval of the Commission, a licensed real estate salesperson, licensed real estate broker, or licensed associate real estate broker may add a designated name on a license certificate and pocket card if the licensee submits to the Commission:
(1) an application on the form that the Commission provides;
(2) the license certificate and pocket card of the licensee;
(3) any documentation about the designated name that the Commission requires; and
(4) a fee of $5.
(c) The full legal name of the licensee and the approved designated name shall be displayed on the new license certificate and pocket card.
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. GBO 17-528
§17–528.
(a) In this Part III of this subtitle the following words have the meanings indicated.
(b) “Broker” means a licensed real estate broker, including a corporation, limited liability company, partnership, or sole proprietorship through which a licensed real estate broker provides real estate brokerage services under § 17–321 of this title.
(c) “Brokerage agreement” means a written agreement between a broker and a client to provide real estate brokerage services under a brokerage relationship.
(d) “Brokerage relationship” means a relationship under a brokerage agreement between a client and a broker who has been authorized by the client to provide real estate brokerage services in a residential real estate transaction.
(e) “Buyer’s agent” means a licensed real estate broker, licensed associate real estate broker, or licensed real estate salesperson who, in accordance with a written brokerage agreement, represents a prospective buyer or lessee in the acquisition of real estate for sale or for lease.
(f) “Client” means a person who has entered into a brokerage agreement with a broker under a brokerage relationship.
(g) (1) “Common source information company” means any person that is a source, compiler, or supplier of information regarding residential real estate for sale or lease or other data.
(2) “Common source information company” includes a multiple listing service.
(h) “Confidential information” includes information that:
(1) the seller or lessor will accept a price or rent less than the price or rent as set forth in the brokerage agreement or will accept terms other than those contained in the brokerage agreement;
(2) the buyer or lessee is willing to pay a price or rent higher than the price or rent the buyer or lessee offered or will accept terms other than those contained in the offer of the buyer or lessee;
(3) discloses the motivation of a buyer, lessee, seller, or lessor or the need or urgency of a seller to sell, a buyer to buy, a lessee to lease, or a lessor to lease;
(4) discloses any facts that led the seller to sell, the buyer to buy, the lessee to lease, or the lessor to lease; or
(5) relates to the negotiating strategy of a client.
(i) “Dual agency” means each relationship in which a licensed real estate broker or branch office manager acts as a dual agent.
(j) “Dual agent” means a licensed real estate broker who acts as, or a branch office manager described in § 17–518(d) of this subtitle who has been designated by the licensed real estate broker to act as, an agent for both the seller and the buyer or the lessor and the lessee in the same real estate transaction.
(k) “Intra–company agent” means a licensed associate real estate broker or licensed real estate salesperson who has been designated by a dual agent to act on behalf of a seller or lessor or buyer or lessee in the purchase, sale, or lease of real estate.
(l) “Ministerial act” means an act that:
(1) a licensee performs on behalf of a client before and after the execution of a contract of sale or lease;
(2) assists another person to complete or fulfill a contract of sale or lease with the client of the licensee; and
(3) does not involve discretion or the exercise of the licensee’s own judgment.
(m) “Seller’s agent” means a licensed real estate broker who, in accordance with a written brokerage agreement, acts as the listing broker for real estate, or a licensed associate real estate broker or licensed real estate salesperson who is affiliated with the listing broker.
(n) “Subagent” means a licensed real estate broker, licensed associate real estate broker, or licensed real estate salesperson who:
(1) is not affiliated with or acting as the listing real estate broker for a property;
(2) is not a buyer’s agent;
(3) has a brokerage relationship with the seller or lessor; and
(4) assists a prospective buyer or lessee in the acquisition of real estate for sale or for lease in a nonagency capacity.
(o) “Timely” means a reasonable time under the particular facts and circumstances.
Md. Code, Bus. Occ. & Prof. GBO 17-530
§17–530.
(a) (1) Except as provided in paragraphs (2) and (3) of this subsection, a licensee who participates in a residential real estate transaction as a seller’s agent, buyer’s agent, or a subagent shall disclose in writing that the licensee represents the seller or lessor or the buyer or lessee as provided in this section.
(2) The disclosure required under this section does not apply to a seller, lessor, buyer, or lessee with whom a broker has entered into a written brokerage agreement.
(3) In addition to the written disclosure required under subsection (b) of this section:
(i) if the first contact between a seller’s agent and a prospective buyer or lessee is not a face–to–face contact, the seller’s agent shall disclose, through the medium in which the contact occurs, that the seller’s agent represents the seller or lessor; and
(ii) if the first contact between a buyer’s agent and a prospective seller or lessor is not a face–to–face contact, the buyer’s agent shall disclose, through the medium in which the contact occurs, that the buyer’s agent represents the buyer or lessee.
(b) (1) Except as provided in paragraph (2) of this subsection, the disclosure shall occur not later than the first scheduled face–to–face contact with the seller or lessor or the buyer or lessee.
(2) (i) If a licensee is holding a property open to the public, the licensee complies with the disclosure requirements of this section if the licensee displays, in a conspicuous manner, a notice to prospective buyers or lessees that the licensee present on the property represents the seller or lessor.
(ii) The Commission shall prepare and provide the notice required under this paragraph.
(c) In any residential real estate transaction involving a subagent, the subagent shall disclose in writing to the buyer or lessee as required under this section that the subagent represents the seller or lessor.
(d) In any residential real estate transaction that does not involve a subagent or buyer’s agent, the seller’s agent shall make the written disclosure to the buyer or lessee required under this section that the seller’s agent represents the seller or lessor.
(e) In any residential real estate transaction that does not involve a seller’s agent, the buyer’s agent shall make the written disclosure to the seller or lessor required under this section that the buyer’s agent represents the buyer or lessee.
(f) The written disclosure shall explain:
(1) the differences between a seller’s agent, buyer’s agent, subagent, dual agent, and intra–company agent;
(2) the duties of a licensee to exercise reasonable care and diligence and maintain confidentiality;
(3) that regardless of whom a licensee represents in a real estate transaction, the licensee has a duty to treat each party fairly and honestly, promptly present each written offer and counteroffer, respond truthfully to each question, disclose all material facts that are known or should be known relating to a property, and offer each property without discrimination;
(4) that a licensee is qualified to advise only on real estate matters and that legal or tax advice should be obtained from a licensed attorney or accountant;
(5) the need for an agreement with a seller’s agent, buyer’s agent, or dual agent to be in writing and to include the duties and obligations of the agent, how and by whom the agent will be compensated, and any fee–sharing arrangements with other agents;
(6) the duty of a buyer’s agent to assist in the:
(i) evaluation of a property, including the provision of a market analysis of the property; and
(ii) preparation of an offer on a property and to negotiate in the best interests of the buyer;
(7) the possibility that a dual agency may arise in a real estate transaction and the options that would become available to the buyer and seller or lessee and lessor; and
(8) that any complaints concerning a licensee may be filed with the Commission.
Md. Code, Bus. Occ. & Prof. GBO 17-530.1
§17–530.1.
(a) Except as otherwise provided in subsection (b) of this section, a licensed real estate broker, licensed associate real estate broker, or licensed real estate salesperson may not act as a dual agent in this State.
(b) (1) (i) If a licensed real estate broker obtains the written informed consent of all parties to a real estate transaction, the real estate broker, or a branch office manager described in § 17–518(d) of this subtitle who has been designated by the licensed real estate broker, may act as a dual agent for both the seller and the buyer or the lessor and the lessee in the same real estate transaction.
(ii) The dual agent in a real estate transaction shall assign a licensed associate real estate broker or licensed real estate salesperson affiliated with the real estate broker to act as the intra–company agent on behalf of the seller or lessor and another licensed associate real estate broker or licensed real estate salesperson affiliated with the real estate broker to act as the intra–company agent on behalf of the buyer or lessee.
(iii) 1. Except as otherwise required by this title and except to the dual agent, an intra–company agent may not disclose confidential information.
2. Except as otherwise required by this title, the dual agent may not disclose confidential information to the buyer or seller or the buyer’s or seller’s intra–company agent in the same real estate transaction.
(iv) If a real estate broker offers any financial bonuses to licensees affiliated with the broker for the sale or lease of real property listed with the real estate broker, the real estate broker shall provide to each party to a real estate transaction a statement that discloses that financial bonuses are offered.
(v) An intra–company agent representing the seller or buyer shall provide the same services to the client as an agent for the seller or buyer would provide in a real estate transaction that does not involve dual agency, including advising the client as to price and negotiation strategy, provided that the intra–company agent has made the appropriate disclosures to the client and the client has consented, as required by this section, to dual agency representation.
(vi) The provisions of the services specified in this subsection may not be construed to be a breach of duty of the licensee, provided that the licensee has complied with the duties specified in § 17–522 of this subtitle.
(vii) 1. A dual agent may not also act as an intra–company agent in the same real estate transaction.
2. An intra–company agent may not also act as a dual agent in the same real estate transaction.
(2) The written consent for dual agency shall include an affirmation that identifies the property and the buyer when the real estate broker or branch office manager is serving as a dual agent and the buyer and seller or lessee and lessor enter into a written contract for sale or for a lease, respectively.
(c) The written consent for dual agency shall include a statement that:
(1) the real estate broker receives compensation on the sale of a property listed only by the broker;
(2) as a dual agent the real estate broker represents both the seller and the buyer and there may be a conflict of interest because the interests of the seller and the buyer may be different or adverse;
(3) as a dual agent the real estate broker does not owe undivided loyalty to either the seller or the buyer;
(4) except as otherwise required by this title, a dual agent may not disclose confidential information to the buyer or seller in the same real estate transaction;
(5) unless authorized by the seller, neither an intra–company agent nor a dual agent may tell a buyer that the seller will accept a price lower than the listing price or accept terms other than those contained in the listing agreement or suggest that the seller accept a lower price in the presence of the buyer;
(6) unless authorized by the buyer, neither an intra–company agent nor a dual agent may tell a seller that the buyer is willing to pay a price higher than the price the buyer offered or accept terms other than those contained in the offer of the buyer or suggest that the buyer pay a higher price in the presence of the seller;
(7) a dual agent may not disclose the motivation of a buyer or seller or the need or urgency of a seller to sell or a buyer to buy;
(8) except as otherwise required by this title, if the information is confidential, a dual agent may not disclose any facts that lead the seller to sell;
(9) the buyer or seller does not have to consent to the dual agency;
(10) the buyer or seller has voluntarily consented to the dual agency; and
(11) the terms of the dual agency are understood by the buyer or seller.
(d) (1) A cause of action may not arise against a licensee for disclosure of the dual agency relationship as provided by this section.
(2) A dual agent does not terminate any brokerage relationship by making any required disclosure of dual agency.
(e) (1) In any residential real estate transaction, a licensed real estate broker may withdraw from representing a client who refuses to consent to a disclosed dual agency and to terminate the brokerage relationship with the client.
(2) The withdrawal may not prejudice the ability of the licensed real estate broker to continue to represent the other client in the transaction, nor to limit the licensed real estate broker from representing the client who refused the dual agency in other transactions not involving dual agency.
Md. Code, Bus. Occ. & Prof. GBO 17-530.2
§17–530.2.
(a) (1) A licensed real estate broker, licensed associate real estate broker, or licensed real estate salesperson who participates in a residential real estate transaction shall utilize a standard disclosure form in each real estate transaction that includes the information specified in § 17–530(f) of this subtitle.
(2) A licensed real estate broker or branch office manager who acts as a dual agent and a licensed real estate associate broker or licensed real estate salesperson who acts as an intra–company agent in a real estate transaction shall utilize a standard consent form that includes the information specified in § 17–530.1(c) of this subtitle.
(b) (1) The Commission shall prepare and provide:
(i) the standard disclosure form required under subsection (a)(1) of this section to each licensee in this State; and
(ii) the standard consent form for dual agency required under subsection (a)(2) of this section to each licensee in this State.
(2) The standard disclosure form and the standard consent form for dual agency shall be:
(i) written in a clear and coherent manner using words with common and everyday meanings;
(ii) appropriately divided and captioned by their various sections; and
(iii) printed in at least 10 point type.
Md. Code, Bus. Occ. & Prof. GBO 17-532
§17–532.
(a) A licensee shall comply with the provisions of this section when providing real estate brokerage services.
(b) (1) A licensee shall:
(i) act in accordance with the terms of the brokerage agreement;
(ii) promote the interests of the client by:
1. seeking a sale or lease of real estate at a price or rent specified in the brokerage agreement or at a price or rent acceptable to the client;
2. seeking a sale or lease of real estate on terms specified in the brokerage agreement or on terms acceptable to the client; and
3. unless otherwise specified in the brokerage agreement, presenting in a timely manner all written offers or counteroffers to and from the client, even if the real estate is subject to an existing contract of sale or lease;
(iii) disclose to the client all material facts as required under § 17–322 of this title;
(iv) treat all parties to the transaction honestly and fairly and answer all questions truthfully;
(v) in a timely manner account for all trust money received;
(vi) exercise reasonable care and diligence; and
(vii) comply with all:
1. requirements of this title;
2. applicable federal, State, and local fair housing laws and regulations; and
3. other applicable laws and regulations.
(2) Unless the client consents in writing to the disclosure, a licensee may not disclose confidential information received from or about a client to any other party or licensee acting as the agent of that party or other representative of that party.
(3) Unless the client to whom the confidential information relates consents in writing to a disclosure of that confidential information, a licensee who receives confidential information from or about the licensee’s own past or present client or a past or present client of the licensee’s broker may not disclose that information to:
(i) any of the licensee’s other clients;
(ii) any of the clients of the licensee’s broker;
(iii) any other party;
(iv) any licensee acting as an agent for another party; or
(v) any representative of another party.
(4) Unless otherwise specified in the brokerage agreement, a licensee is not required to seek additional offers to purchase or lease real estate while the real estate is subject to an existing contract of sale or lease.
(5) An intra–company agent may disclose confidential information to the broker or dual agent for whom the intra–company agent works but the broker or dual agent may not disclose that confidential information to the other party or the intra–company agent for the other party, as provided in § 17–530.1(b) of this subtitle.
(c) A licensee does not breach any duty or obligation to the client by:
(1) showing other available properties to prospective buyers or lessees;
(2) representing other clients who have or are looking for similar properties for sale or lease;
(3) representing other sellers or lessors who have similar properties to that sought by the buyer or lessee;
(4) showing the buyer or lessee other available properties; and
(5) during an open house, discussing other properties with prospective buyers or lessees, if the licensee has the written consent of the seller or lessor to do so.
(d) A licensee may not disclose confidential information obtained from a prospective client in anticipation of forming a brokerage relationship, unless the prospective client consents in writing to the disclosure.
(e) This title does not limit the applicability of § 10–702 of the Real Property Article.
(f) The requirements of this section are in addition to any other duties required of the agent by law that are not inconsistent with these duties.
(g) The duties specified in this section may not be waived or modified.
(h) A licensee who performs ministerial acts for a person may not be construed to:
(1) violate the licensee’s duties to the client, provided that the client has consented in the brokerage agreement to the licensee’s provision of ministerial acts; or
(2) form a brokerage relationship between the licensee and the person for whom the ministerial acts are performed.
Md. Code, Bus. Occ. & Prof. GBO 17-534
§17–534.
(a) A brokerage relationship commences at the time that a client enters into a brokerage agreement and shall continue until:
(1) the completion of performance in accordance with the brokerage agreement; or
(2) the earlier of:
(i) any date of expiration as agreed on by the parties in the brokerage agreement or in any amendments to the brokerage agreement;
(ii) any mutually agreed on termination of the brokerage relationship;
(iii) a default by any party under the terms of the brokerage agreement; or
(iv) a termination under § 17–530 of this subtitle.
(b) The brokerage agreement between a broker and a seller or lessor shall:
(1) have a definite termination date that is effective automatically without notice from the client;
(2) state the amount of compensation to be paid to the broker;
(3) state whether the broker is authorized to cooperate with other brokers and share compensation with the other brokers and the amount of the compensation described as a percentage of the purchase price, a specific dollar amount, or a combination of both;
(4) explain the events or conditions that will entitle the broker to a commission or other compensation; and
(5) contain a provision for the cancellation of the brokerage relationship by either the client or the broker or by mutual agreement of the client and the broker.
(c) The brokerage agreement between a broker and a buyer or lessee shall:
(1) have a definite termination date that is effective automatically without notice from the client;
(2) state the amount of compensation to be paid to the broker, described as a percentage of the purchase price, a specific dollar amount, or a combination of both;
(3) state whether the broker is authorized to receive some or all of the compensation to be paid to the broker from a person other than the client;
(4) state the client’s rights and obligations regarding the compensation to be paid to the broker if the broker is authorized to receive some or all of the compensation to be paid to the broker from a person other than the client;
(5) explain the events that must occur or conditions that must be met in order for the broker to be entitled to a commission or other compensation; and
(6) contain a provision for the cancellation of the brokerage relationship by either the client or the broker or by mutual agreement of the client and the broker.
(d) Except as otherwise provided in the brokerage agreement, a licensee shall have no further duties or obligations to a client after the termination, expiration, or completion of performance of the brokerage relationship, except to:
(1) account for all trust money in the licensee’s possession in accordance with this title; and
(2) except as otherwise provided by this title or another law, keep confidential all personal and financial information received from the client during the course of the brokerage relationship and any other information that the client requests during the brokerage relationship to be kept confidential, unless:
(i) the client consents in writing to the disclosure of the information; or
(ii) the information becomes public from a source other than the licensee.
(e) The payment or promise of payment of compensation to a licensed real estate broker by a seller, lessor, buyer, or lessee, or by a licensee acting for a seller, lessor, buyer, or lessee:
(1) is not determinative of whether a brokerage relationship has been created or exists; and
(2) does not create or determine the existence of a brokerage relationship between a broker and a seller, lessor, buyer, lessee, or licensee.
Md. Code, Bus. Occ. & Prof. GBO 17-535
§17–535.
(a) A licensee may not be deemed to be an agent or subagent of or to have a brokerage relationship with a common source information company solely by reason of a licensee’s participation in a common source information company.
(b) A licensee may not be deemed to be an agent or subagent of any client of another broker solely by reason of a licensee’s participation in or use of a common source information company.
(c) A common source information company may not restrict access to its services to any licensee solely based on the size or type of licensee.
Md. Code, Bus. Occ. & Prof. GBO 17-536
§17–536.
(a) In this Part IV of this subtitle the following words have the meanings indicated.
(b) (1) “Commercial real estate” means:
(i) real property improved by five or more single–family units;
(ii) improved and unimproved real property zoned for commercial, industrial, or nonresidential use by the local zoning authority of the county or municipality in which the property is located; or
(iii) unimproved real property zoned for improvement as multifamily units by the local zoning authority of the county or municipality in which the property is located.
(2) “Commercial real estate” does not include:
(i) property zoned for agricultural use; and
(ii) single–family units, including a condominium or co–op unit, for sale or for lease, or otherwise conveyed or to be conveyed on a single basis.
(c) “Nonresident real estate broker” means an individual, partnership, joint venture, limited liability company, limited liability partnership, or corporation that is not licensed under Subtitle 3 of this title but is licensed to provide real estate brokerage services in a jurisdiction other than this State.
(d) “Nonresident real estate salesperson” means an individual who is not licensed under Subtitle 3 of this title but is licensed to provide real estate brokerage services and is affiliated with a nonresident real estate broker.
Md. Code, Bus. Occ. & Prof. GBO 17-537
§17–537.
(a) A nonresident real estate broker may engage in a transaction under this title with respect to commercial real estate located in this State and receive compensation provided the nonresident real estate broker:
(1) provides real estate brokerage services through a real estate broker licensed under this title;
(2) enters into a written agreement with a licensed real estate broker in this State which:
(i) specifies the terms of cooperation and compensation and includes a statement by the nonresident real estate broker that the nonresident real estate broker and the nonresident real estate salespersons licensed and affiliated with the nonresident real estate broker will both adhere to the laws of this State and this title; and
(ii) allocates the responsibility for the actions of the nonresident real estate broker in the transaction; and
(3) complies with the requirements of subsection (b) of this section.
(b) Before a nonresident real estate broker may provide real estate brokerage services in this State, the nonresident real estate broker shall make written application to the Commission including:
(1) the name, address, and telephone number of the nonresident real estate broker;
(2) the name, address, and telephone number of the business entity through which the nonresident real estate broker provides real estate brokerage services;
(3) the name, address, and telephone number of each nonresident real estate salesperson who will offer or provide real estate brokerage services in this State on behalf of the nonresident real estate broker;
(4) a copy of the agreement required by subsection (a) of this section;
(5) written evidence that the nonresident real estate broker and each nonresident real estate salesperson listed under paragraph (3) of this subsection, are duly licensed in another jurisdiction, and that the license is valid, current, and active;
(6) written consent signed by the nonresident real estate broker, individually and on behalf of the business entity, and by each nonresident real estate salesperson listed under paragraph (3) of this subsection, that service of process on the Executive Director of the Commission shall bind the applicant in any action, suit, or proceeding brought against the broker or salesperson;
(7) written consent signed by the nonresident real estate broker and by each nonresident salesperson listed under paragraph (3) of this subsection, to submit to the jurisdiction of the Commission for the purposes of disciplinary action under § 17-322 of this title;
(8) any other information that is requested by the Commission; and
(9) a temporary license fee of $45.
(c) The Commission shall issue a temporary license to a nonresident real estate broker who complies with the requirements of this section if the jurisdiction in which the real estate broker holds a current license:
(1) allows a Maryland broker to obtain a temporary license under similar circumstances; or
(2) waives the examination and qualification requirements for licensure for individuals licensed in Maryland.
Md. Code, Bus. Occ. & Prof. GBO 17-538
§17–538.
(a) Upon approval by the Commission, a nonresident real estate broker may engage in a transaction in this State with respect to commercial real estate.
(b) A nonresident real estate salesperson licensed in another jurisdiction and affiliated with a nonresident real estate broker may engage in a transaction in this State with respect to commercial real estate if:
(1) the nonresident real estate salesperson is licensed with and provides real estate brokerage services under the direct supervision of the nonresident real estate broker;
(2) the nonresident real estate broker satisfies the requirements of § 17-537 of this subtitle; and
(3) the nonresident real estate salesperson provides real estate brokerage services in the name of the nonresident real estate broker.
Md. Code, Bus. Occ. & Prof. GBO 17-543
§17–543.
In this Part V of this subtitle, “team” means two or more licensed associate real estate brokers or licensed real estate salespersons, or any combination of licensed associate real estate brokers or licensed real estate salespersons, who:
(1) work together on a regular basis to provide real estate brokerage services;
(2) represent themselves to the public as being part of one entity; and
(3) designate themselves by a collective name such as team or group, or by using the words “and associates”.
Md. Code, Bus. Occ. & Prof. GBO 17-544
§17–544.
(a) Each team shall designate a team leader who shall be:
(1) a licensed associate real estate broker; or
(2) a licensed real estate salesperson who has at least 3 years of experience in providing real estate brokerage services.
(b) The team leader shall:
(1) maintain a current list of all members and employees of the team; and
(2) provide the list and any revisions of the list to the broker or the branch office manager of the brokerage with which the licensees are affiliated.
(c) The real estate broker or branch office manager of a real estate broker shall:
(1) maintain copies of the lists; and
(2) make the copies available to the Commission on request.
Md. Code, Bus. Occ. & Prof. GBO 17-545
§17–545.
(a) The team leader shall exercise reasonable and adequate supervision over the provision of real estate brokerage services by members of the team.
(b) The responsibility of the team leader to supervise the associate real estate brokers and real estate salespersons on the team shall be in addition to the supervision responsibilities of the real estate broker and branch office manager of the real estate broker provided for in § 17–320 of this title.
(c) The team leader and the members of the team shall adhere to all office rules, practices, and procedures established by the real estate broker and the branch office manager of the real estate broker.
Md. Code, Bus. Occ. & Prof. GBO 17-546
§17–546.
(a) A real estate broker or a designee of the real estate broker may designate two members of a team as intracompany agents for the seller and the buyer in the same transaction if the parties have first been advised in writing that the licensees are part of the same team and the team could have a financial interest in the outcome of the transaction.
(b) If a broker’s designee designates intracompany agents under subsection (a) of this section, the broker’s designee may not be a member of the real estate team.
Md. Code, Bus. Occ. & Prof. GBO 17-547
§17–547.
(a) The name of the team may not contain the terms “real estate”, “real estate brokerage”, or any other term that would lead the public to believe that the team is offering real estate brokerage services independent of the real estate broker.
(b) All advertising by the team must contain:
(1) the name of the brokerage displayed in a meaningful and conspicuous way;
(2) the name of at least one of the licensee members of the team; and
(3) the telephone number of the real estate broker or branch office manager of the real estate broker.
(c) The team name in the advertisement must be directly connected to the name of the brokerage.
Md. Code, Bus. Occ. & Prof. GBO 17-601
§17–601.
(a) Except as otherwise provided in this title, a person may not provide, attempt to provide, or offer to provide real estate brokerage services unless licensed by the Commission as a real estate broker.
(b) Except as otherwise provided in this title, a person may not, on behalf of a real estate broker, provide, attempt to provide, or offer to provide real estate brokerage services unless licensed by the Commission as an associate real estate broker or a real estate salesperson to provide real estate brokerage services for that real estate broker.
Md. Code, Bus. Occ. & Prof. GBO 17-602
§17–602.
(a) Unless authorized under this title to provide real estate brokerage services, a person may not represent to the public, by use of the title “licensed real estate broker”, by other title, by description of services, methods, or procedures, or otherwise, that the person is authorized to provide real estate brokerage services in the State.
(b) Unless authorized under this title to provide real estate brokerage services on behalf of a real estate broker, a person may not represent to the public, by use of the titles “licensed associate real estate broker” or “licensed real estate salesperson”, by other title, by description of services, methods, or procedures, or otherwise, that the person is authorized to provide real estate brokerage services in the State on behalf of that real estate broker.
Md. Code, Bus. Occ. & Prof. GBO 17-603
§17–603.
(a) A real estate broker may not allow an associate real estate broker, a real estate salesperson, or any other unauthorized individual to provide real estate brokerage services independently as a real estate broker.
(b) A real estate broker may not retain an unlicensed individual to provide real estate brokerage services on behalf of the real estate broker.
(c) A licensed real estate broker may not lend the license certificate or pocket card of the broker to another individual.
Md. Code, Bus. Occ. & Prof. GBO 17-604
§17–604.
(a) Except as provided in subsection (b) of this section, a real estate broker, an associate real estate broker, or a real estate salesperson may not pay compensation, in any form, for the provision of real estate brokerage services to any person who is not licensed under this title.
(b) Subsection (a) of this section does not prohibit the payment of compensation to:
(1) an individual:
(i) who is licensed in another state; and
(ii) who meets the requirements of § 17–513 of this title;
(2) a professional service corporation formed under § 17–512 of this title;
(3) a limited liability company formed under § 17–512 of this title;
(4) a business entity formed under § 17–512 of this title; or
(5) a title insurance producer licensed under Title 10 of the Insurance Article acting in accordance with subsection (c) of this section.
(c) During the settlement of property, a licensed title insurance producer may, on behalf of a real estate broker and in accordance with a written disbursement authorization provided by the real estate broker, pay compensation to:
(1) an associate real estate broker;
(2) a real estate salesperson; or
(3) a business entity formed under § 17–512 of this title.
Md. Code, Bus. Occ. & Prof. GBO 17-605
§17–605.
(a) (1) Except as otherwise provided in subsection (b) of this section, a real estate broker, an associate real estate broker, or a real estate salesperson may not pay or offer to pay a commission to a lawyer simply for the referral of a person as a possible party to a residential real estate transaction.
(2) A real estate broker, an associate real estate broker, or a real estate salesperson may not solicit referral business from lawyers by a mass solicitation that offers to pay fees or commissions to the lawyers.
(b) Subsection (a)(1) of this section does not apply to payments or offers of payments to lawyers who hold a real estate broker license under this title or are otherwise entitled to a commission.
(c) Other than the commissions expressly prohibited, subsection (a) of this section does not prohibit the payment or the offer of a payment of a commission by a real estate broker, an associate real estate broker, or a real estate salesperson to a lawyer for any service that relates to a real estate transaction.
Md. Code, Bus. Occ. & Prof. GBO 17-606
§17–606.
A real estate broker, an associate real estate broker, or a real estate salesperson may not post, on real property that is offered for sale or exchange, an outdoor sign or other advertisement on which the cost and capitalization of ground rent on the real property is shown in print or lettering that is smaller than the size of the print or lettering that is used to show the price of the real property.
Md. Code, Bus. Occ. & Prof. GBO 17-607
§17–607.
(a) Except as otherwise provided in subsection (b) of this section, in a real estate transaction involving a single-family dwelling, a real estate broker, an associate real estate broker, a real estate salesperson, or a lawyer acting as a real estate broker may not require a buyer, as a condition of settlement, to employ a particular:
(1) title insurance company;
(2) settlement company;
(3) escrow company;
(4) mortgage lender, or financial institution as defined in the Financial Institutions Article; or
(5) title lawyer.
(b) A seller may not be prohibited from offering owner financing as a condition of settlement.
Md. Code, Bus. Occ. & Prof. GBO 17-607.1
§17–607.1.
(a) In this section, “commercial real estate” has the meaning stated in § 17–524.1 of this title.
(b) Except as otherwise provided in subsection (c) of this section, in a real estate transaction involving commercial real estate, a real estate broker, a nonresident real estate broker, an associate real estate broker, a real estate salesperson, a nonresident real estate salesperson, or a lawyer acting as a real estate broker may not require a buyer, as a condition of settlement, to employ a particular:
(1) title insurance company;
(2) settlement company;
(3) escrow company; or
(4) title lawyer.
(c) A seller may not be prohibited from offering owner financing as a condition of settlement.
Md. Code, Bus. Occ. & Prof. GBO 17-608
§17–608.
(a) (1) In this subsection, “handicap” and “familial status” each have the meanings indicated in the federal Fair Housing Act.
(2) Whether or not acting for monetary gain, a person may not knowingly induce or attempt to induce another person to sell or rent a dwelling or otherwise transfer real estate or knowingly discourage or attempt to discourage another person from buying real estate by:
(i) making representations about the entry or prospective entry into a neighborhood of individuals of a particular race, color, sex, religion, handicap, familial status, or national origin;
(ii) making representations about the existing or potential proximity of real property owned or used by individuals of a particular race, color, sex, religion, handicap, familial status, or national origin; or
(iii) representing that the existing or potential proximity of real property owned or used by individuals of a particular race, color, sex, religion, handicap, familial status, or national origin will or may result in:
1. the lowering of property values;
2. a change in the racial, religious, or ethnic character of the block, neighborhood, or area;
3. an increase in criminal or antisocial behavior in the area; or
4. a decline in the quality of schools serving the area.
(b) A person may not provide financial assistance by loan, gift, or otherwise to another person if the person has actual knowledge that the financial assistance will be used in a transaction that results from a violation of subsection (a) of this section.
Md. Code, Bus. Occ. & Prof. GBO 17-614
§17–614.
A court shall report to the Commission for appropriate action under this title each conviction of a real estate broker, an associate real estate broker, or a real estate salesperson for a violation of any provision of the following sections of this title:
(1) § 17-608;
(2) § 17-525; and
(3) § 17-526.
Md. Code, Bus. Occ. & Prof. GBO 5-6A-01
§5–6A–01.
The Cosmetology Licensure Compact is hereby enacted and entered into with all other jurisdictions that legally join in the Compact in the form substantially as the Compact appears in this section as follows:
Article 1. Purpose.
The purpose of this Compact is to facilitate the interstate practice and regulation of Cosmetology with the goal of improving public access to, and the safety of, Cosmetology Services and reducing unnecessary burdens related to Cosmetology licensure. Through this Compact, the Member States seek to establish a regulatory framework which provides for a new multistate licensing program. Through this new licensing program, the Member States seek to provide increased value and mobility to licensed Cosmetologists in the Member States, while ensuring the provision of safe, effective, and reliable services to the public.
This Compact is designed to achieve the following objectives and the Member States hereby ratify the same intentions by subscribing hereto:
A. Provide opportunities for interstate practice by Cosmetologists who meet uniform requirements for multistate licensure;
B. Enhance the abilities of Member States to protect public health and safety and prevent fraud and unlicensed activity within the profession;
C. Ensure and encourage cooperation between Member States in the licensure and regulation of the Practice of Cosmetology;
D. Support relocating military members and their spouses;
E. Facilitate the exchange of information between Member States related to the licensure, investigation, and discipline of the Practice of Cosmetology;
F. Provide for the licensure and mobility of the workforce in the profession while addressing the shortage of workers and lessening the associated burdens on the Member States.
Article 2. Definitions.
As used in this Compact, and except as otherwise provided, the following definitions shall govern the terms herein:
A. “Active Military Member” means any individual with full–time duty status in the armed forces of the United States, including members of the National Guard and Reserve.
B. “Adverse Action” means any administrative, civil, equitable, or criminal action permitted by a Member State’s laws which is imposed by a State Licensing Authority or other regulatory body against a Cosmetologist, including actions against an individual’s license or Authorization to Practice such as revocation, suspension, probation, monitoring of the Licensee, limitation of the Licensee’s practice, or any other Encumbrance on a license affecting an individual’s ability to participate in the Cosmetology industry, including the issuance of a cease and desist order.
C. “Alternative Program” means a non–disciplinary monitoring or prosecutorial diversion program approved by a Member State’s State Licensing Authority.
D. “Authorization to Practice” means a legal authorization associated with a Multistate License permitting the Practice of Cosmetology in that Remote State, which shall be subject to the enforcement jurisdiction of the State Licensing Authority in that Remote State.
E. “Background Check” means the submission of information for an applicant for the purpose of obtaining that applicant’s criminal history record information, as further defined in 28 C.F.R. § 20.3(d), from the Federal Bureau of Investigation and the agency responsible for retaining State criminal or disciplinary history in the applicant’s Home State.
F. “Charter Member State” means Member States who have enacted legislation to adopt this Compact where such legislation predates the effective date of this Compact as defined in Article 13.
G. “Commission” means the government agency whose membership consists of all States that have enacted this Compact, which is known as the Cosmetology Licensure Compact Commission, as defined in Article 9, and which shall operate as an instrumentality of the Member States.
H. “Cosmetologist” means an individual licensed in their Home State to practice Cosmetology.
I. “Cosmetology”, “Cosmetology Services”, and the “Practice of Cosmetology” mean the care and services provided by a Cosmetologist as set forth in the Member State’s statutes and regulations in the State where the services are being provided.
J. “Current Significant Investigative Information” means:
1. Investigative Information that a State Licensing Authority, after an inquiry or investigation that complies with a Member State’s due process requirements, has reason to believe is not groundless and, if proved true, would indicate a violation of that State’s laws regarding fraud or the Practice of Cosmetology; or
2. Investigative Information that indicates that a Licensee has engaged in fraud or represents an immediate threat to public health and safety, regardless of whether the Licensee has been notified and had an opportunity to respond.
K. “Data System” means a repository of information about Licensees, including license status, Investigative Information, and Adverse Actions.
L. “Disqualifying Event” means any event which shall disqualify an individual from holding a Multistate License under this Compact, which the Commission may by Rule or order specify.
M. “Encumbered License” means a license in which an Adverse Action restricts the Practice of Cosmetology by a Licensee, or where said Adverse Action has been reported to the Commission.
N. “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted Practice of Cosmetology by a State Licensing Authority.
O. “Executive Committee” means a group of delegates elected or appointed to act on behalf of and within the powers granted to them by the Commission.
P. “Home State” means the Member State which is a Licensee’s primary State of residence and where that Licensee holds an active and unencumbered license to practice Cosmetology.
Q. “Investigative Information” means information, records, or documents received or generated by a State Licensing Authority pursuant to an investigation or other inquiry.
R. “Jurisprudence Requirement” means the assessment of an individual’s knowledge of the laws and rules governing the Practice of Cosmetology in a State.
S. “Licensee” means an individual who currently holds a license from a Member State to Practice as a Cosmetologist.
T. “Member State” means any State that has adopted this Compact.
U. “Multistate License” means a license issued by and subject to the enforcement jurisdiction of the State Licensing Authority in a Licensee’s Home State, which authorizes the Practice of Cosmetology in Member States and includes Authorizations to Practice Cosmetology in all Remote States pursuant to this Compact.
V. “Remote State” means any Member State, other than the Licensee’s Home State.
W. “Rule” means any rule or regulation promulgated by the Commission under this Compact that has the force of law.
X. “Single–State License” means a Cosmetology license issued by a Member State that authorizes the Practice of Cosmetology only within the issuing State and does not include any authorization outside of the issuing State.
Y. “State” means a State, territory, or possession of the United States and the District of Columbia.
Z. “State Licensing Authority” means a Member State’s regulatory body responsible for issuing Cosmetology licenses or otherwise overseeing the Practice of Cosmetology in that State.
Article 3. Member State Requirements.
A. To be eligible to join this Compact, and to maintain eligibility as a Member State, a State must:
1. License and regulate Cosmetology;
2. Have a mechanism or entity in place to receive and investigate complaints about Licensees practicing in that State;
3. Require that Licensees within the State pass a Cosmetology competency examination prior to being licensed to provide Cosmetology Services to the public in that State;
4. Require that Licensees satisfy educational or training requirements in Cosmetology prior to being licensed to provide Cosmetology Services to the public in that State;
5. Implement procedures for considering one or more of the following categories of information from applicants for licensure: criminal history; disciplinary history; or Background Check. Such procedures may include the submission of information by applicants for the purpose of obtaining an applicant’s Background Check as defined herein;
6. Participate in the Data System, including through the use of unique identifying numbers;
7. Share information related to Adverse Actions with the Commission and other Member States, both through the Data System and otherwise;
8. Notify the Commission and other Member States, in compliance with the terms of the Compact and Rules of the Commission, of the existence of Investigative Information or Current Significant Investigative Information in the State’s possession regarding a Licensee practicing in that State;
9. Comply with such Rules as may be enacted by the Commission to administer the Compact; and
10. Accept Licensees from other Member States as established herein.
B. Member States may charge a fee for granting a license to practice Cosmetology.
C. Individuals not residing in a Member State shall continue to be able to apply for a Member State’s Single–State License as provided under the laws of each Member State. However, the Single–State License granted to these individuals may not be recognized as granting a Multistate License to provide services in any other Member State.
D. Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single–State License.
E. A Multistate License issued to a Licensee by a Home State to a resident of that State shall be recognized by each Member State as authorizing a Licensee to practice Cosmetology in each Member State.
F. At no point shall the Commission have the power to define the educational or professional requirements for a license to practice Cosmetology. The Member States shall retain sole jurisdiction over the provision of these requirements.
Article 4. Multistate License.
A. To be eligible to apply to their Home State’s State Licensing Authority for an initial Multistate License under this Compact, a Licensee must hold an active and unencumbered Single–State License to practice Cosmetology in their Home State.
B. Upon the receipt of an application for a Multistate License, according to the Rules of the Commission, a Member State’s State Licensing Authority shall ascertain whether the applicant meets the requirements for a Multistate License under this Compact.
C. If an applicant meets the requirements for a Multistate License under this Compact and any applicable Rules of the Commission, the State Licensing Authority in receipt of the application shall, within a reasonable time, grant a Multistate License to that applicant, and inform all Member States of the grant of said Multistate License.
D. A Multistate License to practice Cosmetology issued by a Member State’s State Licensing Authority shall be recognized by each Member State as authorizing the practice thereof as though that Licensee held a Single–State License to do so in each Member State, subject to the restrictions herein.
E. A Multistate License granted pursuant to this Compact may be effective for a definite period of time, concurrent with the licensure renewal period in the Home State.
F. To maintain a Multistate License under this Compact, a Licensee shall:
1. Agree to abide by the rules of the State Licensing Authority, and the State scope of practice laws governing the Practice of Cosmetology, of any Member State in which the Licensee provides services;
2. Pay all required fees related to the application and process and any other fees which the Commission may by Rule require; and
3. Comply with any and all other requirements regarding Multistate Licenses which the Commission may by Rule provide.
G. A licensee practicing in a Member State is subject to all scope of practice laws governing Cosmetology Services in that State.
H. The Practice of Cosmetology under a Multistate License granted pursuant to this Compact shall subject the Licensee to the jurisdiction of the State Licensing Authority, the courts, and the laws of the Member State in which the Cosmetology Services are provided.
Article 5. Reissuance of a Multistate License by a New Home State.
A. A Licensee may hold a Multistate License, issued by their Home State, in only one Member State at any given time.
B. If a Licensee changes their Home State by moving between two Member States:
1. The Licensee shall immediately apply for the reissuance of their Multistate License in their new Home State. The Licensee shall pay all applicable fees and notify the prior Home State in accordance with the Rules of the Commission.
2. Upon receipt of an application to reissue a Multistate License, the new Home State shall verify that the Multistate License is active, unencumbered, and eligible for reissuance under the terms of the Compact and the Rules of the Commission. The Multistate License issued by the prior Home State will be deactivated and all Member States notified in accordance with the applicable Rules adopted by the Commission.
3. If required for initial licensure, the new Home State may require a Background Check as specified in the laws of that State or the compliance with any Jurisprudence Requirements of the new Home State.
4. Notwithstanding any other provision of this Compact, if a Licensee does not meet the requirements set forth in this Compact for the reissuance of a Multistate License by the new Home State, then the Licensee shall be subject to the new Home State requirements for the issuance of a Single–State License in that State.
C. If a Licensee changes their primary State of residence by moving from a Member State to a non–Member State, or from a non–Member State to a Member State, then the Licensee shall be subject to the State requirements for the issuance of a Single–State License in the new Home State.
D. Nothing in this Compact shall interfere with a Licensee’s ability to hold a Single–State License in multiple States; however for the purposes of this Compact, a Licensee shall have only one Home State and only one Multistate License.
E. Nothing in this Compact may interfere with the requirements established by a Member State for the issuance of a Single–State License.
Article 6. Authority of the Compact Commission and Member State Licensing Authorities.
A. Nothing in this Compact, nor any Rule or regulation of the Commission, may be construed to limit, restrict, or in any way reduce the ability of a Member State to enact and enforce laws, regulations, or other rules related to the Practice of Cosmetology in that State, if those laws, regulations, or other rules are not inconsistent with the provisions of this Compact.
B. Insofar as practical, a Member State’s State Licensing Authority shall cooperate with the Commission and with each entity exercising independent regulatory authority over the Practice of Cosmetology according to the provisions of this Compact.
C. Discipline shall be the sole responsibility of the State in which Cosmetology Services are provided. Accordingly, each Member State’s State Licensing Authority shall be responsible for receiving complaints about individuals practicing Cosmetology in that State and for communicating all relevant Investigative Information about any such Adverse Action to the other Member States through the Data System in addition to any other methods the Commission may by Rule require.
Article 7. Adverse Actions.
A. A Licensee’s Home State shall have exclusive power to impose an Adverse Action against a Licensee’s Multistate License issued by the Home State.
B. A Home State may take Adverse Action on a Multistate License based on the Investigative Information, Current Significant Investigative Information, or Adverse Action of a Remote State.
C. In addition to the powers conferred by State law, each Remote State’s State Licensing Authority shall have the power to:
1. Take Adverse Action against a Licensee’s Authorization to Practice Cosmetology through the Multistate License in that Member State, provided that:
a. Only the Licensee’s Home State shall have the power to take Adverse Action against the Multistate License issued by the Home State; and
b. For the purposes of taking Adverse Action, the Home State’s State Licensing Authority shall give the same priority and effect to reported conduct received from a Remote State as it would if the conduct had occurred within the Home State. In so doing, the Home State shall apply its own State laws to determine the appropriate action.
2. Issue cease and desist orders or impose an Encumbrance on a Licensee’s Authorization to Practice within that Member State.
3. Complete any pending investigations of a Licensee who changes their primary State of residence during the course of such an investigation. The State Licensing Authority may report the results of an investigation to the Commission through the Data System as described herein.
4. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a State Licensing Authority in a Member State for the attendance and testimony of witnesses or the production of evidence from another Member State shall be enforced in the latter State by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings before it. The issuing State Licensing Authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the State in which the witnesses or evidence are located.
5. If otherwise permitted by State law, recover from the affected Licensee the costs of investigations and disposition of cases resulting from any Adverse Action taken against that Licensee.
6. Take Adverse Action against the Licensee’s Authorization to Practice in that State based on the factual findings of another Remote State.
D. A Licensee’s Home State shall complete any pending investigation of a Cosmetologist who changes their primary State of residence during the course of the investigation. The Home State shall also have the authority to take appropriate action and shall promptly report the conclusions of the investigations to the Data System.
E. If an Adverse Action is taken by the Home State against a Licensee’s Multistate License, the Licensee’s Authorization to Practice in all other Member States shall be deactivated until all Encumbrances have been removed from the Home State License. All Home State disciplinary orders that impose an Adverse Action against a Licensee’s Multistate License shall include a statement that the Cosmetologist’s Authorization to Practice is deactivated in all Member States during the pendency of the order.
F. Nothing in this Compact shall override a Member State’s authority to accept a Licensee’s participation in an Alternative Program in lieu of Adverse Action. A Licensee’s Multistate License shall be suspended for the duration of the Licensee’s participation in any Alternative Program.
G. Joint Investigations.
1. In addition to the authority granted to a Member State by its respective scope of practice laws or other applicable State law, a Member State may participate with other Member States in joint investigations of Licensees.
2. Member States shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.
Article 8. Active Military Members and Their Spouses.
Active Military Members, or their spouses, shall designate a Home State where the individual has a current license to practice Cosmetology in good standing. The individual may retain their Home State designation during any period of service when that individual or their spouse is on active duty assignment.
Article 9. Establishment and Operation of the Cosmetology Licensure Compact Commission.
A. The Compact Member States hereby create and establish a joint government agency whose membership consists of all Member States that have enacted the Compact known as the Cosmetology Licensure Compact Commission. The Commission is an instrumentality of the Compact Member States acting jointly and not an instrumentality of any one State. The Commission shall come into existence on or after the effective date of the Compact as set forth in Article 13.
B. Membership, Voting, and Meetings.
1. Each Member State shall have and be limited to one delegate selected by that Member State’s State Licensing Authority.
2. The delegate shall be an administrator of the State Licensing Authority of the Member State or their designee.
3. The Commission shall by Rule or bylaw establish a term of office for delegates and may by Rule or bylaw establish term limits.
4. The Commission may recommend removal or suspension of any delegate from office.
5. A Member State’s State Licensing Authority shall fill any vacancy of its delegate occurring on the Commission within 60 days of the vacancy.
6. Each delegate shall be entitled to one vote on all matters that are voted on by the Commission.
7. The Commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The Commission may meet by telecommunication, video conference, or other similar electronic means.
C. The Commission shall have the following powers:
1. Establish the fiscal year of the Commission;
2. Establish a code of conduct and conflict of interest policies;
3. Adopt Rules and bylaws;
4. Maintain its financial records in accordance with the bylaws;
5. Meet and take such actions as are consistent with the provisions of this Compact, the Commission’s Rules, and the bylaws;
6. Initiate and conclude legal proceedings or actions in the name of the Commission, provided that the standing of any State Licensing Authority to sue or be sued under applicable law may not be affected;
7. Maintain and certify records and information provided to a Member State as the authenticated business records of the Commission and designate an agent to do so on the Commission’s behalf;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of personnel, including employees of a Member State;
10. Conduct an annual financial review;
11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
12. As set forth in the Commission Rules, charge a fee to a Licensee for the grant of a Multistate License and thereafter, as may be established by Commission Rule, charge the Licensee a Multistate License renewal fee for each renewal period. Nothing herein may be construed to prevent a Home State from charging a Licensee a fee for a Multistate License or renewals of a Multistate License, or a fee for the Jurisprudence Requirement if the Member State imposes such a requirement for the grant of a Multistate License;
13. Assess and collect fees;
14. Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest;
15. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein;
16. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;
17. Establish a budget and make expenditures;
18. Borrow money;
19. Appoint committees, including standing committees, composed of members, State regulators, State legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;
20. Provide and receive information from and cooperate with law enforcement agencies;
21. Elect a Chair, Vice Chair, Secretary and Treasurer and such other officers of the Commission as provided in the Commission’s bylaws;
22. Establish and elect an Executive Committee, including a Chair and a Vice Chair;
23. Adopt and provide to the Member States an annual report;
24. Determine whether a State’s adopted language is materially different from the model Compact language such that the State would not qualify for participation in the Compact; and
25. Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact.
D. The Executive Committee.
1. The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact. The powers, duties, and responsibilities of the Executive Committee shall include:
a. Overseeing the day–to–day activities of the administration of the Compact including compliance with the provisions of the Compact, the Commission’s Rules and bylaws, and such other duties as deemed necessary;
b. Recommending to the Commission changes to the Rules or bylaws, changes to this Compact legislation, fees charged to Compact Member States, fees charged to Licensees, and other fees;
c. Ensuring Compact administration services are appropriately provided, including by contract;
d. Preparing and recommending the budget;
e. Maintaining financial records on behalf of the Commission;
f. Monitoring Compact compliance of Member States and providing compliance reports to the Commission;
g. Establishing additional committees as necessary;
h. Exercising the powers and duties of the Commission during the interim between Commission meetings, except for adopting or amending Rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the Commission by Rule or bylaw; and
i. Other duties as provided in the Rules or bylaws of the Commission.
2. The Executive Committee shall be composed of up to seven voting members.
a. The Chair and Vice Chair of the Commission and any other members of the Commission who serve on the Executive Committee shall be voting members of the Executive Committee; and
b. Other than the Chair, Vice Chair, Secretary and Treasurer, the Commission shall elect three voting members from the current membership of the Commission.
c. The Commission may elect ex officio, nonvoting members from a recognized national Cosmetology professional association as approved by the Commission. The Commission’s bylaws shall identify qualifying organizations and the manner of appointment if the number of organizations seeking to appoint an ex officio member exceeds the number of members specified in this Article.
3. The Commission may remove any member of the Executive Committee as provided in the Commission’s bylaws.
4. The Executive Committee shall meet at least annually.
a. Annual Executive Committee meetings, as well as any Executive Committee meeting at which it does not take or intend to take formal action on a matter for which a Commission vote would otherwise be required, shall be open to the public, except that the Executive Committee may meet in a closed, non–public session of a public meeting when dealing with any of the matters covered under Article 9.F.4.
b. The Executive Committee shall give 5 business days advance notice of its public meetings, posted on its website and as determined to provide notice to persons with an interest in the public matters the Executive Committee intends to address at those meetings.
5. The Executive Committee may hold an emergency meeting when acting for the Commission to:
a. Meet an imminent threat to public health, safety, or welfare;
b. Prevent a loss of Commission or Member State funds; or
c. Protect public health and safety.
E. The Commission shall adopt and provide to the Member States an annual report.
F. Meetings of the Commission.
1. All meetings of the Commission that are not closed pursuant to Article 9.F.4. shall be open to the public. Notice of public meetings shall be posted on the Commission’s website at least 30 days prior to the public meeting.
2. Notwithstanding Article 9.F.1., the Commission may convene an emergency public meeting by providing at least 24 hours prior notice on the Commission’s website, and any other means as provided in the Commission’s Rules, for any of the reasons it may dispense with notice of proposed rulemaking under Article 11.L. The Commission’s legal counsel shall certify that one of the reasons justifying an emergency public meeting has been met.
3. Notice of all Commission meetings shall provide the time, date, and location of the meeting, and if the meeting is to be held or accessible via telecommunication, video conference, or other electronic means, the notice shall include the mechanism for access to the meeting.
4. The Commission may convene in a closed, non–public meeting for the Commission to discuss:
a. Non–compliance of a Member State with its obligations under the Compact;
b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission’s internal personnel practices and procedures;
c. Current or threatened discipline of a Licensee by the Commission or by a Member State’s Licensing Authority;
d. Current, threatened, or reasonably anticipated litigation;
e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
f. Accusing any person of a crime or formally censuring any person;
g. Trade secrets or commercial or financial information that is privileged or confidential;
h. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
i. Investigative records compiled for law enforcement purposes;
j. Information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact;
k. Legal advice;
l. Matters specifically exempted from disclosure to the public by federal or Member State law; or
m. Other matters as promulgated by the Commission by Rule.
5. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.
6. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction.
G. Financing of the Commission.
1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
2. The Commission may accept any and all appropriate sources of revenue, donations, and grants of money, equipment, supplies, materials, and services.
3. The Commission may levy on and collect an annual assessment from each Member State and impose fees on Licensees of Member States to whom it grants a Multistate License to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for Member States shall be allocated based upon a formula that the Commission shall promulgate by Rule.
4. The Commission may not incur obligations of any kind prior to securing the adequate funds to meet the same; nor shall the Commission pledge the credit of any Member States, except by and with the authority of the Member State.
5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the Commission shall be subject to an annual financial review by a certified or licensed public accountant and the report of the financial review shall be included in and become part of the annual report of the Commission.
H. Qualified Immunity, Defense, and Indemnification.
1. The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph may be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the Commission may not in any way compromise or limit the immunity granted hereunder.
2. The Commission shall defend any member, officer, executive director, employee, and representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or as determined by the Commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein may be construed to prohibit that person from retaining their own counsel at their own expense; and provided further that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
4. Nothing herein shall be construed as a limitation on the liability of any Licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable State laws.
5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Member State’s State action immunity or State action affirmative defense with respect to antitrust claims under the federal Sherman Act, federal Clayton Act, or any other State or federal antitrust or anticompetitive law or regulation.
6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by the Member States or by the Commission.
Article 10. Data System.
A. The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system.
B. The Commission shall assign each applicant for a Multistate License a unique identifier, as determined by the Rules of the Commission.
C. Notwithstanding any other provision of State law to the contrary, a Member State shall submit a uniform data set to the Data System on all individuals to whom this Compact is applicable as required by the Rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a license and related thereto;
4. Non–confidential information related to Alternative Program participation, the beginning and ending dates of such participation, and other information related to such participation;
5. Any denial of application for licensure and the reason for the denial (excluding the reporting of any criminal history record information where prohibited by law);
6. The existence of Investigative Information;
7. The existence of Current Significant Investigative Information; and
8. Other information that may facilitate the administration of this Compact or the protection of the public, as determined by the Rules of the Commission.
D. The records and information provided to a Member State pursuant to this Compact or through the Data System, when certified by the Commission or an agent thereof, shall constitute the authenticated business records of the Commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi–judicial or administrative proceedings in a Member State.
E. The existence of Current Significant Investigative Information and the existence of Investigative Information pertaining to a Licensee in any Member State will only be available to other Member States.
F. It is the responsibility of the Member States to monitor the database to determine whether Adverse Action has been taken against such a Licensee or license applicant. Adverse Action information pertaining to a Licensee or license applicant in any Member State will be available to any other Member State.
G. Member States contributing information to the Data System may designate information that may not be shared with the public without the express permission of the contributing State.
H. Any information submitted to the Data System that is subsequently expunged pursuant to federal law or the laws of the Member State contributing the information shall be removed from the Data System.
Article 11. Rulemaking.
A. The Commission shall promulgate reasonable Rules in order to effectively and efficiently implement and administer the purposes and provisions of the Compact. A Rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the Rule is invalid because the Commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the Compact, the powers granted under the Compact, or based upon another applicable standard of review.
B. The Rules of the Commission shall have the force of law in each Member State, provided however that where the Rules of the Commission conflict with the laws of the Member State that establish the Member State’s scope of practice laws governing the Practice of Cosmetology as held by a court of competent jurisdiction, the Rules of the Commission shall be ineffective in that State to the extent of the conflict.
C. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Article and the Rules adopted thereunder. Rules shall become binding as of the date specified by the Commission for each Rule.
D. If a majority of the legislatures of the Member States rejects a Rule or portion of a Rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within 4 years of the date of adoption of the Rule, then the Rule may not have further force and effect in any Member State or to any State applying to participate in the Compact.
E. Rules shall be adopted at a regular or special meeting of the Commission.
F. Prior to the adoption of a proposed Rule, the Commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments.
G. Prior to the adoption of a proposed Rule by the Commission, and at least 30 days in advance of the meeting at which the Commission will hold a public hearing on the proposed Rule, the Commission shall provide a notice of proposed rulemaking:
1. On the website of the Commission or other publicly accessible platform;
2. To persons who have requested notice of the Commission’s notices of proposed rulemaking; and
3. In any such way the Commission may by Rule specify.
H. The notice of proposed rulemaking shall include:
1. The time, date, and location of the public hearing at which the Commission will hear public comments on the proposed Rule and, if different, the time, date, and location of the meeting where the Commission will consider and vote on the proposed Rule;
2. If the hearing is held via telecommunication, video conference, or other electronic means, the Commission shall include the mechanism for access to the hearing in the notice of proposed rulemaking;
3. The text of the proposed Rule and the reason therefor;
4. A request for comments on the proposed Rule from any interested person; and
5. The manner in which interested persons may submit written comments.
I. All hearings shall be recorded. A copy of the recording and all written comments and documents received by the Commission in response to the proposed Rule shall be available to the public.
J. Nothing in this Article may be construed as requiring a separate hearing on each Rule. Rules may be grouped for the convenience of the Commission at hearings required by this Article.
K. The Commission shall, by majority vote of all members, take final action on the proposed Rule based on the rulemaking record and the full text of the Rule.
1. The Commission may adopt changes to the proposed Rule provided the changes do not enlarge the original purpose of the proposed Rule.
2. The Commission shall provide an explanation of the reasons for substantive changes made to the proposed Rule as well as reasons for substantive changes not made that were recommended by commenters.
3. The Commission shall determine a reasonable effective date for the Rule. Except for an emergency as provided in Article 11.L., the effective date of the Rule shall be no sooner than 45 days after the Commission issuing the notice that it adopted or amended the Rule.
L. Upon a determination that an emergency exists, the Commission may consider and adopt an emergency Rule within 5 days, with opportunity to comment, provided that the usual rulemaking procedures provided in the Compact and in this Article shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than 90 days after the effective date of the Rule. For the purposes of this provision, an emergency Rule is one that must be adopted immediately to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of Commission or Member State funds;
3. Meet a deadline for the promulgation of a Rule that is established by federal law or rule; or
4. Protect public health and safety.
M. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted Rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a Rule. A challenge shall be made in writing and delivered to the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
N. No Member State’s rulemaking requirements may apply under this Compact.
Article 12. Oversight, Dispute Resolution, and Enforcement.
A. Oversight.
1. The executive and judicial branches of State government in each Member State shall enforce this Compact and take all actions necessary and appropriate to implement the Compact.
2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a Licensee for professional malpractice, misconduct or any such similar matter.
3. The Commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the Compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Commission service of process shall render a judgment or order void as to the Commission, this Compact, or promulgated Rules.
B. Default, Technical Assistance, and Termination.
1. If the Commission determines that a Member State has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated Rules, the Commission shall provide written notice to the defaulting State. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the Commission may take, and shall offer training and specific technical assistance regarding the default.
2. The Commission shall provide a copy of the notice of default to the other Member States.
3. If a State in default fails to cure the default, the defaulting State may be terminated from the Compact after an affirmative vote of a majority of the delegates of the Member States, and all rights, privileges and benefits conferred on that State by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending State of obligations or liabilities incurred during the period of default.
4. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting State’s legislature, the defaulting State’s State Licensing Authority and each of the Member States’ State Licensing Authority.
5. A State that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
6. Upon the termination of a State’s membership from this Compact, that State shall immediately provide notice to all licensees who hold a Multistate License within that State of such termination. The terminated State shall continue to recognize all licenses granted pursuant to this Compact for a minimum of 180 days after the date of said notice of termination.
7. The Commission may not bear any costs related to a State that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting State.
8. The defaulting State may appeal the action of the Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.
C. Dispute Resolution.
1. Upon request by a Member State, the Commission shall attempt to resolve disputes related to the Compact that arise among Member States and between Member and non–Member States.
2. The Commission shall promulgate a Rule providing for both mediation and binding dispute resolution for disputes as appropriate.
D. Enforcement.
1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this Compact and the Commission’s Rules.
2. By majority vote as provided by Commission Rule, the Commission may initiate legal action against a Member State in default in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated Rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees. The remedies herein may not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or the defaulting Member State’s law.
3. A Member State may initiate legal action against the Commission in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated Rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.
4. No individual or entity other than a Member State may enforce this Compact against the Commission.
Article 13. Effective Date, Withdrawal, and Amendment.
A. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the seventh Member State.
1. On or after the effective date of the Compact, the Commission shall convene and review the enactment of each of the Charter Member States to determine if the statute enacted by each such Charter Member State is materially different than the model Compact statute.
a. A Charter Member State whose enactment is found to be materially different from the model Compact statute shall be entitled to the default process set forth in Article 12.
b. If any Member State is later found to be in default, or is terminated or withdraws from the Compact, the Commission shall remain in existence and the Compact shall remain in effect even if the number of Member States should be less than 7.
2. Member States enacting the Compact subsequent to the Charter Member States shall be subject to the process set forth in Article 9.C.24. to determine if their enactments are materially different from the model Compact statute and whether they qualify for participation in the Compact.
3. All actions taken for the benefit of the Commission or in furtherance of the purposes of the administration of the Compact prior to the effective date of the Compact or the Commission coming into existence shall be considered to be actions of the Commission unless specifically repudiated by the Commission.
4. Any State that joins the Compact shall be subject to the Commission’s Rules and bylaws as they exist on the date on which the Compact becomes law in that State. Any Rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that State.
B. Any Member State may withdraw from this Compact by enacting a statute repealing that State’s enactment of the Compact.
1. A Member State’s withdrawal may not take effect until 180 days after enactment of the repealing statute.
2. Withdrawal may not affect the continuing requirement of the withdrawing State’s State Licensing Authority to comply with the investigative and Adverse Action reporting requirements of this Compact before the effective date of withdrawal.
3. Upon the enactment of a statute withdrawing from this Compact, a State shall immediately provide notice of the withdrawal to all Licensees within that State. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing State shall continue to recognize all licenses granted pursuant to this Compact for a minimum of 180 days after the date of the notice of withdrawal.
C. Nothing contained in this Compact may be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a Member State and a non–Member State that does not conflict with the provisions of this Compact.
D. This Compact may be amended by the Member States. No amendment to this Compact shall become effective and binding upon any Member State until it is enacted into the laws of all Member States.
Article 14. Construction and Severability.
A. This Compact and the Commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the Compact. Provisions of the Compact expressly authorizing or requiring the promulgation of Rules may not be construed to limit the Commission’s rulemaking authority solely for those purposes.
B. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is held by a court of competent jurisdiction to be contrary to the constitution of any Member State, a State seeking participation in the Compact, or of the United States, or the applicability to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this Compact and the applicability thereof to any other government, agency, person or circumstance may not be affected.
C. Notwithstanding Article 14.B., the Commission may deny a State’s participation in the Compact or, in accordance with the requirements of Article 12, terminate a Member State’s participation in the Compact, if it determines that a constitutional requirement of a Member State is a material departure from the Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of any Member State, the Compact shall remain in full force and effect as to the remaining Member States and in full force and effect as to the Member State affected as to all severable matters.
Article 15. Consistent Effect and Conflict with Other State Laws.
A. Nothing herein shall prevent or inhibit the enforcement of any other law of a Member State that is not inconsistent with the Compact.
B. Any laws, statutes, regulations, or other legal requirements in a Member State in conflict with the Compact are superseded to the extent of the conflict.
C. All permissible agreements between the Commission and the Member States are binding in accordance with their terms.
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 § gag-4
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Article - Agriculture PreviousNext
§4–101. (a) In this subtitle the following words have the meanings indicated. (b) Any carcass, part of any carcass, or meat food product is “adulterated” if: (1) It bears or contains any poisonous or deleterious substance which may render it injurious to health. However, if the substance is not an added substance, the article shall not be considered adulterated under this clause if the quantity of the substance in or on the article ordinarily does not render it injurious to health; (2) Any substance is administered to it so that it bears or contains any added poisonous or deleterious substance which may make the article unfit for human food and which is prohibited in the quantity present under the Federal Meat Inspection Act; (3) It wholly or partially consists of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food; (4) It has been prepared, packed, or held under insanitary conditions that may have contaminated it with filth, or that may have rendered it injurious to health; (5) It is wholly or partially the product of an animal which has died other than by slaughter; (6) Its container is composed, wholly or partially, of any poisonous or deleterious substance which may render the contents injurious to health; (7) It intentionally has been subjected to radiation, unless the use of radiation was permissible under the Federal Meat Inspection Act and approved under this subtitle; (8) Any valuable constituent has been omitted or abstracted wholly or partially from it; if any substance has been substituted, wholly or partially, for it; if damage or inferiority has been concealed in any manner; or if any substance has been added to it or mixed or packed with it so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is; or (9) It is margarine containing animal fat and any of the raw material used in the margarine consists wholly or partially of any filthy, putrid, or decomposed substance. (c) “Animal food manufacturer” means any person engaged in the business of manufacturing or processing animal food derived wholly or partially from any carcass of livestock, or parts or products of it. (d) “Capable of use as human food” applies to any livestock carcass, or part or product of it, that is not denatured, not naturally inedible by humans, or not identified as required by the departmental rules and regulations to deter its use as human food. (e) “Carcass” means every part, including viscera, of any slaughtered livestock capable of use as human food. (f) “Color additive” has the same meaning as under the Federal Food, Drug, and Cosmetic Act, approved June 25, 1938. (g) “Federal Meat Inspection Act” means the act of Congress approved March 4, 1907 (34 Stat. 1260), as amended by the Wholesome Meat Act (81 Stat. 584). (h) “Food additive” has the same meaning as under the Federal Food, Drug, and Cosmetic Act, approved June 25, 1938. (i) “Inspector” means a State employee or government employee authorized by the Secretary to inspect livestock or carcasses, parts of them, meat or meat food products. (j) “Label” means a display of written, printed, or graphic matter on the immediate container, not including the package liner of any article. (k) “Labeling” means every label and other written, printed, or graphic matter (1) upon any article or any of its containers or wrappers, or (2) accompanying the article. (l) “Meat” means the edible part of the muscle of livestock which is skeletal or which is found in the tongue, diaphragm, heart, or esophagus, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve, and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing. It does not include the muscle found in the lips, snout, or ears. (m) “Meat broker” means any person engaged in the business of buying or selling livestock carcasses, parts of them, or meat food products, on commission, or negotiating purchases or sales of these articles, other than for his own account or as an employee of another person. (n) “Meat by–product” means any edible part other than meat which has been derived from livestock. (o) “Meat food product” means any product capable of use as human food which is made wholly or partially from any meat or other portion of the carcass of any livestock. The term does not apply to a product (i) containing meat or other portions of the carcasses only in a relatively small proportion, or (ii) which historically has not been considered by consumers as a product of the meat food industry, and (iii) which is exempted from the definition of a meat food product by departmental rules and regulations. (p) Any carcass, part of any carcass, or meat food product is “misbranded” if: (1) Its labeling is false or misleading in any particular; (2) It is offered for sale under the name of another food; (3) It is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word “imitation” and immediately after it, the name of the food imitated; (4) Its container is made, formed, or filled so that it is misleading; (5) It is in a package or other container that does not bear a label showing (i) the name and place of business of the manufacturer, packer, or distributor, and (ii) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count. Under clause (ii) of this paragraph (5), reasonable variations may be permitted, and exemptions for small packages may be established by departmental rules and regulations; (6) Any word, statement, or other information, required by or under authority of this subtitle to appear on the label or other labeling, is not placed on it prominently and conspicuously, as compared with other words, statements, designs, or devices in the labeling and is not in terms that render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; (7) It purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by rule or regulation adopted under § 4–112 of this subtitle, unless (i) it conforms to the definition and standard, (ii) its label bears the name of the food specified in the definition and standard, and (iii) its label bears the common names of optional ingredients, other than spices, flavoring, and coloring, present in the food as required by rule or regulation; (8) It purports to be or is represented as a food for which a standard of fill of container is prescribed by rules and regulations adopted under § 4–112 of this subtitle, and it falls below the standard of fill of container applicable to it, unless its label bears a statement that it falls below the standard, in the manner and form as the rules and regulations specify; (9) It is not subject to the provisions of paragraph (7) of this subsection, unless its label bears (i) the common or usual name of the food, if any, and (ii) in case it is fabricated from two or more ingredients, the common or usual name of each ingredient. However, the Secretary may authorize spices, flavorings, and colorings to be designated as spices, flavorings, and colorings, without requiring the naming of each. In addition, the Secretary may establish exemptions by rules and regulations under this subtitle to the extent that compliance with the requirements of clause (ii) of this paragraph (9) is not feasible or results in deception or unfair competition; (10) It purports to be or is represented for special dietary uses, unless its label bears information concerning its vitamin, mineral, and other dietary properties as the rule or regulation prescribes as necessary to inform fully purchasers as to its value for special dietary uses; (11) It bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact. However, the Secretary may establish exemptions by rules and regulations under this subtitle to the extent that compliance with the requirements of this paragraph (11) is not feasible; or (12) It fails to bear, directly on it or on its containers, as rules and regulations prescribe, the inspection legend and other information, as required by departmental rules and regulations adopted under this subtitle. (q) “Official certificate” means any certificate adopted by departmental rules and regulations for issuance by an inspector. (r) “Official device” means any device prescribed by the Secretary for use in applying any official mark. (s) “Official establishment” means any establishment engaged in slaughtering of livestock, or processing livestock carcasses, parts of them, meat, or meat food products capable of use as human food solely for intrastate commerce and inspected under this subtitle. (t) “Official legend” means any symbol adopted by departmental rules and regulations indicating an article has passed inspection under this subtitle. (u) “Official mark” means the official inspection legend or any other symbol adopted by the departmental rules and regulations to identify the status of any article under this subtitle. (v) “Pesticide chemical” has the same meaning as under the Federal Food, Drug, and Cosmetic Act, approved June 25, 1938. (w) “Prepared” means slaughtered, canned, salted, rendered, boned, cut up, or otherwise manufactured or processed. (x) “Raw agricultural commodity” has the same meaning as under the Federal Food, Drug, and Cosmetic Act, approved June 25, 1938. (y) “Renderer” means any person engaged in the business of rendering livestock carcasses, or parts or products of them, except rendering conducted under inspection or exemption under this subtitle.PreviousNext
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Article - Business Regulation PreviousNext
§12–101. (a) In this title the following words have the meanings indicated. (b) (1) “Dealer” means: (i) an individual who acquires commercially from the public or trades commercially with the public in secondhand precious metal objects; (ii) an individual who for compensation arranges for the sale or delivery of a secondhand precious metal object on behalf of a person that does not hold a license under this title; or (iii) unless otherwise provided, a pawnbroker. (2) “Dealer” includes a retail jeweler as to transactions in which the retail jeweler acquires commercially from the public or trades commercially with the public in secondhand precious metal objects. (c) “Employee” means an individual who is employed by a dealer or pawnbroker to buy, sell, or supervise directly the buying or selling of secondhand precious metal objects. (d) “Fixed business address” means a single physical location in Maryland where a licensee regularly conducts business and at which the licensee or an employee of the licensee is physically present: (1) during normal business hours; or (2) other hours as provided in the application for the license which are sufficient to provide an authorized law enforcement officer or agent access to the licensee’s place of business as provided in § 12–306 of this title. (e) “License” means a license issued by the Secretary to do business as a dealer. (f) “Local law enforcement unit” means the Maryland Department of State Police, a Maryland police department, or Maryland sheriff, as designated by resolution of the county or municipal governing body, with jurisdiction over any place where a dealer transacts business other than the dealer’s fixed business address. (g) “Pawnbroker” means a person who engages in pawn transactions. (h) “Pawn transaction” means a loan of money by a dealer on deposit or pledge of personal property or other valuable thing other than securities or printed evidences of indebtedness, or a purchase by a dealer of personal property or other valuable things on condition of selling the same back at a stipulated price. (i) “Precious metal object” means: (1) a precious metal that is: (i) gold; (ii) iridium; (iii) palladium; (iv) platinum; or (v) silver; (2) a precious or semiprecious stone, or a pearl, that is or appears to have been attached to or inlaid in a precious metal listed in item (1) of this subsection or any alloy of a precious metal; or (3) an object that is composed of a precious metal listed in item (1) of this subsection or any alloy of a precious metal if: (i) the market value of the metal in the object lies principally in its precious metal component; or (ii) at least 25% of the weight of the object is precious metal. (j) “Primary law enforcement unit” means the Department of State Police, a police department, or sheriff, as designated by resolution of the county or municipal governing body in the county in which the license is held. (k) “Remount sale” means a transaction between a retailer and an existing customer to upgrade the customer’s precious or semiprecious stone or pearl by removing from an existing mounting and placing in a new mounting from the retailer and crediting the value of the existing mounting toward the cost of the new mounting.PreviousNext
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Article - Criminal Law PreviousNext
§7–101. (a) In this part the following words have the meanings indicated. (b) (1) “Deception” means knowingly to: (i) create or confirm in another a false impression that the offender does not believe to be true; (ii) fail to correct a false impression that the offender previously has created or confirmed; (iii) prevent another from acquiring information pertinent to the disposition of the property involved; (iv) sell or otherwise transfer or encumber property without disclosing a lien, adverse claim, or other legal impediment to the enjoyment of the property, regardless of whether the impediment is of value or a matter of official record; (v) insert or deposit a slug in a vending machine; (vi) remove or alter a label or price tag; (vii) promise performance that the offender does not intend to perform or knows will not be performed; or (viii) misrepresent the value of a motor vehicle offered for sale by tampering or interfering with its odometer, or by disconnecting, resetting, or altering its odometer with the intent to change the mileage indicated. (2) “Deception” does not include puffing or false statements of immaterial facts and exaggerated representations that are unlikely to deceive an ordinary individual. (c) “Deprive” means to withhold property of another: (1) permanently; (2) for a period that results in the appropriation of a part of the property’s value; (3) with the purpose to restore it only on payment of a reward or other compensation; or (4) to dispose of the property or use or deal with the property in a manner that makes it unlikely that the owner will recover it. (d) (1) “Exert control” includes to take, carry away, appropriate to a person’s own use or sell, convey, or transfer title to an interest in or possession of property. (2) “Exert control” does not include: (i) to trespass on the land of another; or (ii) to occupy the land of another without authorization. (e) (1) “Interactive computer service” means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server. (2) “Interactive computer service” includes a service or system that provides access to the Internet. (f) “Motor vehicle” has the meaning stated in § 11-135 of the Transportation Article. (g) “Obtain” means: (1) in relation to property, to bring about a transfer of interest in or possession of the property; and (2) in relation to a service, to secure the performance of the service. (h) Except as otherwise expressly provided in this part, “owner” means a person, other than the offender: (1) who has an interest in or possession of property regardless of whether the person’s interest or possession is unlawful; and (2) without whose consent the offender has no authority to exert control over the property. (i) (1) “Property” means anything of value. (2) “Property” includes: (i) real estate; (ii) money; (iii) a commercial instrument; (iv) an admission or transportation ticket; (v) a written instrument representing or embodying rights concerning anything of value, or services, or anything otherwise of value to the owner; (vi) a thing growing on or affixed to, or found on land, or part of or affixed to any building; (vii) electricity, gas, and water; (viii) a bird, animal, or fish that ordinarily is kept in a state of confinement; (ix) food or drink; (x) a sample, culture, microorganism, or specimen; (xi) a record, recording, document, blueprint, drawing, map, or a whole or partial copy, description, photograph, prototype, or model of any of them; (xii) an article, material, device, substance, or a whole or partial copy, description, photograph, prototype, or model of any of them that represents evidence of, reflects, or records a secret: 1. scientific, technical, merchandising, production, or management information; or 2. designed process, procedure, formula, invention, trade secret, or improvement; (xiii) a financial instrument; and (xiv) information, electronically produced data, and a computer software or program in a form readable by machine or individual. (j) “Property of another” means property in which a person other than the offender has an interest that the offender does not have the authority to defeat or impair, even though the offender also may have an interest in the property. (k) “Service” includes: (1) labor or professional service; (2) telecommunication, public utility, toll facility, or transportation service; (3) lodging, entertainment, or restaurant service; and (4) the use of computers, data processing, or other equipment. (l) “Slug” means an object that, because of its size, shape, or other quality, can be deposited or inserted in a vending machine as an improper substitute for the payment required to operate the vending machine. (m) (1) “Theft” means the conduct described in §§ 7-104 through 7-107 of this subtitle. (2) “Theft” includes motor vehicle theft, unless otherwise indicated. (n) “Vending machine” means a device designed to receive a specified payment and in exchange automatically offer, provide, assist in providing, or allow a person to acquire property or service.PreviousNext
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Article - Estates and Trusts PreviousNext
§16–101. (a) In this title the following terms have the meanings indicated unless the context otherwise requires. (b) “Beneficiary form” means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security on the death of the owner. (c) “Devisee” means any person designated in a will to receive a disposition of real or personal property. (d) “Heirs” means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. (e) “Personal representative” includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. (f) “Property” includes both real and personal property or any interest therein and means anything that may be the subject of ownership. (g) “Register”, including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities. (h) “Registering entity” means a person who originates or transfers a security title by registration, and includes a broker or trust company maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities. (i) (1) “Security” means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer. (2) “Security” includes a certificated security, an uncertificated security, and a security account. (j) (1) “Security account” means: (i) A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner’s death; (ii) A cash balance or other property held for or due to the owner of security as a replacement for or product of an account security, whether or not credited to the account before the owner’s death; or (iii) A securities account maintained by a trust company for one or more customers. (2) “Security account” does not include: (i) An account as defined in § 1–204(b)(2) of the Financial Institutions Article; or (ii) A securities account held by a trust company as a fiduciary as defined in § 15–101 of this article. (k) “Trust company” has the meaning stated in § 1-101 of this article.PreviousNext
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Article - Estates and Trusts PreviousNext
§17–101. (a) In this title the following words have the meanings indicated. (b) (1) “Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney–in–fact, or otherwise. (2) “Agent” includes an original agent, coagent, successor agent, and a person to which an agent’s authority is delegated. (c) “Electronic” has the meaning stated in § 4–101 of this article. (d) “Electronic power of attorney” means a power of attorney containing one or more electronic signatures and executed in compliance with this title. (e) “Electronic presence” has the meaning stated in § 4–101 of this article. (f) “Electronic signature” has the meaning stated in § 4–101 of this article. (g) “Incapacity” means the inability of an individual to manage property or business affairs because the individual: (1) Meets the grounds required for the appointment of a guardian of the property of a disabled person described in § 13–201 of this article; or (2) Is: (i) Missing; (ii) Detained, including incarcerated in a penal system; or (iii) Outside the United States and unable to return. (h) “Physical presence” has the meaning stated in § 4–101 of this article. (i) “Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term “power of attorney” is used. (j) “Principal” means an individual who grants authority to an agent in a power of attorney. (k) “Property” includes both real and personal property and any right or title in real or personal property, whether held individually or jointly and whether indivisible, beneficial, contingent, or of any other nature. (l) “Real estate transaction” means any activity involving the transfer or creation of an estate, interest, lien, or encumbrance in real property, including rights or interests appurtenant to, and the disposition of proceeds derived from, the property. (m) “Record” has the meaning stated in § 4–101 of this article. (n) “Remotely witnessed power of attorney” means a power of attorney signed by the principal under circumstances where any witness is in the electronic presence of the principal or other witness when the witness attests and signs the power of attorney. (o) “Sign” has the meaning stated in § 4–101 of this article. (p) (1) “Statutory form power of attorney” means a power of attorney that is substantially in the same form as one of the powers of attorney set forth in Subtitle 2 of this title. (2) “Statutory form power of attorney” does not include a power of attorney set forth in Subtitle 2 of this title in which a principal incorporates by reference one or more provisions of another writing into the section of the power of attorney entitled “Special Instructions (Optional)”. (q) (1) “Stocks and bonds” means evidence of ownership in or debt issued by a corporation, partnership, limited liability company, firm, association, or similar entity. (2) “Stocks and bonds” includes stocks, bonds, debentures, notes, membership interests, mutual fund interests, money market account interests, voting trust certificates, equipment trust certificates, certificates of deposit, certificates of participation, certificates of beneficial interest, stock rights, stock warrants, and any other instruments evidencing rights of a similar character issued by or in connection with any corporation, partnership, limited liability company, firm, association, or similar entity. (r) “Supervising attorney” has the meaning stated in § 4–101 of this article.PreviousNext
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Article - Health - General PreviousNext
§7–101. (a) In this title the following words have the meanings indicated. (b) “Administration” means the Developmental Disabilities Administration. (c) (1) “Admission” means the process by which an individual with an intellectual disability is accepted as a resident in a State residential center. (2) “Admission” includes the physical act of the individual entering the facility. (d) (1) “Alternative living unit” means a residence that: (i) Provides residential services for individuals who, because of developmental disability, require specialized living arrangements; (ii) Admits not more than 3 individuals; and (iii) Provides 10 or more hours of supervision per unit, per week. (2) “Alternative living unit” does not include a residence that is owned or rented by: (i) 1 or more of its residents; or (ii) A person who: 1. Is an agent for any of the residents; but 2. Is not a provider of residential supervision. (e) “Claim” has the meaning stated in § 2–601 of this article. (f) “Deputy Secretary” means the Deputy Secretary for Developmental Disabilities. (g) “Developmental disability” means a severe chronic disability of an individual that: (1) Is attributable to a physical or mental impairment, other than the sole diagnosis of mental illness, or to a combination of mental and physical impairments; (2) Is manifested before the individual attains the age of 22; (3) Is likely to continue indefinitely; (4) Results in an inability to live independently without external support or continuing and regular assistance; and (5) Reflects the need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are individually planned and coordinated for the individual. (h) “External support” means: (1) Periodic monitoring of the circumstances of an individual with respect to: (i) Personal management; (ii) Household management; and (iii) The use of community resources; and (2) Rendering appropriate advice or assistance that may be needed. (i) “Fee–for–service” means a method for payment that requires a person to submit a claim for payment to the Department for each service performed. (j) “Group home” means a residence that: (1) Provides residential services for individuals who, because of developmental disability, require specialized living arrangements; (2) Admits at least 4 but not more than 8 individuals; and (3) Provides 10 or more hours of supervision per home, per week. (k) “Habilitation” means a process by which a provider of services enables an individual to acquire and maintain life skills to cope more effectively with the demands of the individual’s own person and environment and to raise the level of the individual’s mental, physical, social, and vocational functioning. (l) (1) “Individual–directed and family–directed goods and services” means services, equipment, activities, or supplies for individuals who self–direct services that: (i) Relate to a need or goal identified in the person–centered plan of service; (ii) Maintain or increase independence; (iii) Promote opportunities for community living and inclusion; and (iv) Are not available under another waiver service or services provided under the State plan established in Subtitle 3 of this title. (2) “Individual–directed and family–directed goods and services” includes all goods or services authorized by regulations adopted or guidance issued by the federal Centers for Medicare and Medicaid Services under § 1915(c) of the Social Security Act. (m) (1) “Individual support services” means an array of services that are designed to increase or maintain an individual’s ability to live alone or in a family setting. (2) “Individual support services” include: (i) In–home assistance with meals and personal care; (ii) Counseling; (iii) Physical, occupational, or other therapies; (iv) Architectural modification; and (v) Any other services that the Administration considers appropriate to meet the individual’s needs. (3) “Individual support services” does not include full day or residential services. (n) “Intellectual disability” means a developmental disability that is evidenced by significantly subaverage intellectual functioning and impairment in the adaptive behavior of an individual. (o) “Knowingly” has the meaning stated in § 2–601 of this article. (p) “Live independently” means: (1) For adults: (i) Managing personal care, such as clothing and medication; (ii) Managing a household, such as menu planning, food preparation and shopping, essential care of the premises, and budgeting; and (iii) Using community resources, such as commercial establishments, transportation, and services of public agencies; or (2) For minors, functioning in normal settings without the need for supervision or assistance other than supervision or assistance that is age appropriate. (q) “Meaningful day services” means employment supports or home– and community–based supports, other than residential services, that assist an individual in developing and maintaining skills, interests, and personalized connections that may create opportunities for paid employment, increased independence, or meaningful relationships with other individuals in the community. (r) “Person–centered plan of service” means that a plan for services and supports: (1) Is developed with a focus on the individual having control over the services and supports; (2) Ensures that the individual is the primary contributor to the plan and may receive support from other persons selected by the individual in developing the plan; (3) Identifies and addresses, to the extent practicable: (i) The individual’s preferences and interests related to achieving the individual’s desired lifestyle; and (ii) The supports required to achieve the individual’s desired lifestyle and provided in a manner that enables the individual to have control over the individual’s daily life and maintains the individual’s health and welfare; and (4) Aligns services and supports to ensure that the individual has access to the full benefits of community living in a manner that emphasizes the individual’s quality of life, well–being, and informed choice. (s) “Provider” means an individual who is licensed or certified under Subtitle 9 of this title and provides services to: (1) A recipient; or (2) An individual with a developmental disability who receives funding for services from a source other than the Administration. (t) “Recipient” means an individual who receives services funded by the Administration under this title. (u) “Release” means a permanent, temporary, absolute, or conditional release of an individual from a State residential center. (v) “Residential services” means individualized support and services that assist an individual in developing and maintaining skills in living in the community. (w) (1) “Self–directed services” means waiver program services: (i) For which participants or their representatives have decision–making authority over and take direct responsibility for management of the services with the assistance of available supports chosen by the participant or the participant’s representative; and (ii) That are provided in a manner that: 1. Furthers the right of individuals and their representatives, as applicable, to make choices about and direct all aspects of their lives, including by choosing and controlling the delivery of waiver services, who provides the services, and how services are provided; and 2. Recognizes that all individuals have the capacity to make choices and may be supported in making choices. (2) “Self–directed services” includes services that: (i) Provide an individual with: 1. The decision–making employer authority to recruit, hire, train, supervise, and dismiss the employees and vendors who furnish the individual’s services; and 2. The budget authority over how funds in a budget are spent within the total approved annual budget; (ii) Maximize the opportunities of an individual to live as independently as possible in the most inclusive community–based setting of the individual’s choice; (iii) Empower an individual to exercise choice and control over needed long–term services and supports; and (iv) Help to maintain and improve the individual’s health and quality of life in the individual’s community. (x) “Services” means residential, day, or other services that provide for evaluation, diagnosis, treatment, care, supervision, assistance, or attention to individuals with developmental disability and that promote habilitation of these individuals. (y) “Services coordination” means a service that consists of the following 3 major functions that are designed to assist an individual in obtaining the needed services and programs that the individual desires in order to gain as much control over the individual’s own life as possible: (1) Planning services; (2) Coordinating services; and (3) Monitoring service delivery to the individual. (z) “State residential center” means a licensed facility operated by the State that provides residential and habilitation services to individuals with an intellectual disability who are at least 18 years old and meet the criteria set forth in § 7–502 of this title. (aa) “Support broker” means a person who works at the direction of and for the benefit of an individual who uses self–directed services, including by assisting the individual or another individual chosen by the individual with: (1) Making informed decisions in arranging for, directing, and managing services the individual receives, including decisions related to personnel requirements and resources needed to meet the requirements; (2) Accessing and managing identified supports and services for the individual; and (3) Performing other tasks as assigned by the individual and as authorized by regulations adopted or guidance issued by the federal Centers for Medicare and Medicaid Services under § 1915(c) of the Social Security Act. (bb) “Support services” means supports that assist an individual to maintain or improve the individual’s functional abilities, enhance interactions, or engage in meaningful relationships in the home or community. (cc) “Treatment” means any education, training, professional care or attention, or other program that is given to an individual with developmental disability. (dd) “Vocational services” means a service that provides job training and placement, supported employment and training in acceptable work behaviors, and vocationally–related social and other skills. (ee) “Waiver program” means each Medicaid Home– and Community–Based Services Waiver funding program submitted by the Department and approved by the federal Centers for Medicare and Medicaid Services in accordance with § 1915(c) of the Social Security Act that is overseen and administered by the Administration. (ff) “Waiver program services” means services funded by the Administration in accordance with a waiver program, including: (1) Meaningful day services; (2) Residential services; and (3) Support services.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
§6–101. (a) The following persons are subject to taxation under this subtitle: (1) a person engaged as principal in the business of writing insurance contracts, surety contracts, guaranty contracts, or annuity contracts; (2) a managed care organization authorized by Title 15, Subtitle 1 of the Health – General Article; (3) a for–profit health maintenance organization authorized by Title 19, Subtitle 7 of the Health – General Article; (4) an attorney in fact for a reciprocal insurer; and (5) a credit indemnity company. (b) The following persons are not subject to taxation under this subtitle: (1) a nonprofit health service plan corporation that meets the requirements established under §§ 14–106 and 14–107 of this article; (2) a fraternal benefit society; (3) a surplus lines broker, who is subject to taxation in accordance with Title 3, Subtitle 3 of this article; (4) an unauthorized insurer, who is subject to taxation in accordance with Title 4, Subtitle 2 of this article; (5) a nonprofit health maintenance organization authorized by Title 19, Subtitle 7 of the Health – General Article that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code; and (6) the Maryland Automobile Insurance Fund.PreviousNext
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Article - Real Property PreviousNext
§5–101. Every corporeal estate, leasehold or freehold, or incorporeal interest in land created by parol and not in writing and signed by the party creating it, or his agent lawfully authorized by writing, has the force and effect of an estate or interest at will only, and has no other or greater force or effect, either in law or equity.PreviousNext
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Article - Tax - General PreviousNext
§10–101. (a) In this title the following words have the meanings indicated. (a–1) “Active duty” has the meaning stated in § 9–901 of the State Government Article. (b) “Applicable tax base” means the portion of the income of an investment conduit or a special exempt entity on which a tax is imposed under: (1) § 11, § 527(b), § 528(b), § 852(b)(1), § 857(b)(1) or (4)(a), or § 860G(c)(1) of the Internal Revenue Code; or (2) any other section of the Internal Revenue Code that the Comptroller determines by regulation to impose an entity level income tax on an entity that the Comptroller determines to be: (i) an investment conduit under subsection (h)(2) of this section; or (ii) a special exempt entity under subsection (m)(2) of this section. (c) “Corporation” includes an association or joint–stock company. (d) “County income tax” means the county tax on income authorized in § 10–103 of this subtitle. (e) “Federal adjusted gross income” means: (1) for an individual other than a fiduciary, the individual’s adjusted gross income as determined under the Internal Revenue Code; (2) for a fiduciary other than one described in item (3) of this subsection, the fiduciary’s taxable income, as determined under the Internal Revenue Code, increased by the amount allowed to the fiduciary as a deduction for a personal exemption under § 642(b) of the Internal Revenue Code; or (3) for a fiduciary exempt from taxation under § 408(e)(1) or § 501 of the Internal Revenue Code, the fiduciary’s unrelated business taxable income as defined under § 512 of the Internal Revenue Code. (f) (1) “Fiduciary” means a person holding the legal title to property for the use and benefit of another person. (2) “Fiduciary” does not include: (i) an agent holding custody or possession of property that the principal of the agent owns; or (ii) a guardian, as defined in § 13–101 of the Estates and Trusts Article. (g) “Individual” means, unless expressly provided otherwise, a natural person or a fiduciary. (h) “Investment conduit” means: (1) any of the following entities described in the Internal Revenue Code: (i) a regulated investment company; (ii) a real estate investment trust; or (iii) a real estate mortgage investment conduit; or (2) any other entity that the Comptroller determines by regulation to enjoy a status under the Internal Revenue Code pursuant to which the entity is not generally subject to income tax at the entity level so long as substantially all of its profits are distributed to the holders of equity interests in the entity. (i) “Maryland taxable income” means: (1) for an individual, Maryland adjusted gross income, less the exemptions and deductions allowed under this title; and (2) for a corporation, Maryland modified income as allocated under this title. (j) “Nonresident” means an individual who is not a resident. (k) (1) “Resident” means: (i) an individual, other than a fiduciary, who: 1. is domiciled in this State on the last day of the taxable year; or 2. for more than 6 months of the taxable year, maintained a place of abode in this State, whether domiciled in this State or not; (ii) a personal representative of an estate if the decedent was domiciled in this State on the date of the decedent’s death; or (iii) a fiduciary, other than a personal representative, of a trust if: 1. the trust was created, or consists of property transferred, by the will of a decedent who was domiciled in the State on the date of the decedent’s death; 2. the creator or grantor of the trust is a current resident of the State; or 3. the trust is principally administered in the State. (2) “Resident” includes, for the part of the taxable year that an individual resides in this State, an individual who: (i) moves to this State with the intent to be domiciled in this State; or (ii) is domiciled in this State and moves outside this State before the last day of the taxable year with the bona fide intention to remain permanently outside of this State. (3) If an individual under paragraph (2)(ii) of this subsection again resides in this State within 6 months after having moved outside this State, there is a rebuttable presumption that the individual did not have a bona fide intention to remain permanently outside this State. (l) “S corporation” means a corporation that elects to be taxed as a small business corporation under Subchapter S of the Internal Revenue Code. (m) “Special exempt entity” means: (1) any of the following entities described in the Internal Revenue Code: (i) a farmers’ cooperative; (ii) a political organization; or (iii) a homeowners association; or (2) any other entity not described in § 10–104(2) of this subtitle that the Comptroller determines by regulation to be exempt from federal income tax on all or some part of its income. (n) “State income tax” means the State tax on income imposed under this title. (o) (1) “Taxable year” means: (i) the period for which Maryland taxable income is computed under this title; and (ii) the annual accounting period defined in § 441 of the Internal Revenue Code. (2) “Taxable year” includes: (i) a calendar year ending on December 31, as defined in § 441 of the Internal Revenue Code; (ii) a fiscal year ending on the last day of a month other than December, as defined in § 441 of the Internal Revenue Code; (iii) if a return is made for a period of less than 1 year, the period for which the return is made; or (iv) if an election is made under § 441(f) of the Internal Revenue Code, the period for which a return is made.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
Md. Code § gtg-8
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Article - Tax - General PreviousNext
§8–101. (a) In this title the following words have the meanings indicated. (b) “Company” means an association, corporation, or joint-stock company. (c) (1) “Financial institution” means: (i) a credit company; (ii) except as provided in paragraph (2)(i) of this subsection, a finance company; (iii) an international banking facility; (iv) a loan company; (v) a mortgage company; (vi) a safe-deposit company; and (vii) a savings and loan association. (2) “Financial institution” does not include: (i) a finance company that makes loans only to farmers for agricultural purposes; (ii) a company licensed under the federal Small Business Investment Act of 1958; (iii) a corporation that elects to be taxed as a small business corporation under Subchapter S of the Internal Revenue Code; (iv) an entity that is a real estate mortgage investment conduit as defined in the Internal Revenue Code; (v) a limited liability company; or (vi) a commercial bank, savings bank, trust company, or company that substantially competes with national banks in the State. (d) “Savings and loan association” means: (1) a savings and loan association that: (i) is organized under the laws of this State; (ii) is organized under the laws of another state and is admitted to do business in this State; or (iii) is organized under the laws of the United States and has an office in this State; or (2) a savings bank chartered by the Federal Home Loan Bank Board. (e) (1) “Savings bank” means a company or other institution that is organized to receive deposits of money and pay interest on the deposits. (2) “Savings bank” does not include a bank with capital stock.PreviousNext
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The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)