Maryland Roofing Licensing Law

Maryland Code · 56 sections

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

Md. Code, Bus. Occ. & Prof. GBO 11-303

§11–303.

To be included on the list of applicants who qualify to be pilots-in-training, an applicant shall:

     (1)    be at least 21 years old;

    (2)    provide the Board with proof of recent satisfactory completion of the physical requirements for a first-class pilot license, as determined by the U.S. Coast Guard;

    (3)    agree to participate in a U.S. Coast Guard approved random drug testing program;

    (4)    have one or more of the following maritime credentials:

        (i)    a degree from a 4-year course of study at an accredited maritime institution acceptable to the Board, and a current license as third mate, or greater grade, of steam and motor vessels, any gross tons upon oceans;

        (ii)    a current license as a master of steam and motor vessels, any gross tons upon oceans, that is issued by the U.S. Coast Guard and that contains an appropriate radar endorsement; or

        (iii)    a minimum of 5 years’ experience in the maritime industry working on vessels in the deck department as a licensed master or mate on tugs or inspected vessels, of which at least 2 years’ experience shall be as the master of a ship-assist harbor tug; and

    (5)    pass any mental or physical examination that the Board requires to verify that the applicant is mentally and physically capable of providing pilotage.

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

§12–302.

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

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

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

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

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

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

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

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

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

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

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

(d)    An applicant for a master plumber license:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

            1.    licensed master plumber; or

            2.    licensed master gas fitter;

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

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

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

            2.    is approved by the Board; and

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

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

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

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

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

            1.    licensed master plumber;

            2.    licensed master gas fitter; or

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

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

§12–305.

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

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

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

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

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

    (4)    provides adequate evidence that the applicant:

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

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

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

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

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

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

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

§12–306.

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

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

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

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

        (ii)    a license fee set by the Board.

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

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

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

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

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

§12–308.

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

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

    (2)    in an odd–numbered year.

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

        (i)    a renewal application form; and

        (ii)    a notice that states:

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

            2.    the amount of the renewal fee.

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

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

    (1)    otherwise is entitled to be licensed;

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

    (3)    submits to the Board:

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

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

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

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

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

§12–310.

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

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

        (i)    a limited master plumber license; or

        (ii)    a limited journey plumber license;

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

        (i)    a limited master plumber license; or

        (ii)    a limited journey plumber license;

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

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

        (i)    a master plumber license; or

        (ii)    a journey plumber license; and

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

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

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

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

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

    (2)    in an odd-numbered year.

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

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

    (1)    a master plumber license; or

    (2)    a journey plumber license.

Md. Code, Bus. Occ. & Prof. GBO 12-501

§12–501.

(a)    A master plumber or holder of a limited master plumber license may not contract to provide plumbing services on behalf of the master plumber, holder of a limited master plumber license, or another person who engages in the business of providing plumbing services unless the plumbing work of the master plumber or holder of a limited master plumber license is covered by liability insurance, including completed operations:

    (1)    for bodily injury in the amount of at least $300,000; and

    (2)    for property damage in the amount of at least $100,000.

(b)    (1)    The insurance required under this section may be bought:

        (i)    by a master plumber or holder of a limited master plumber license; or

        (ii)    for a master plumber or holder of a limited master plumber license, by the person who engages in the business of providing plumbing services and employs the master plumber or holder of a limited master plumber license.

    (2)    The insurance requirement of this section is not met for work that a master plumber or holder of a limited master plumber license does outside the scope of employment for the person who carries the insurance.

(c)    An apprentice plumber, journey plumber, or holder of a limited journey plumber license need not obtain separate insurance while providing or assisting in providing plumbing services within the scope of the license.

(d)    (1)    An applicant for a master plumber license or limited master plumber license shall submit proof of the insurance required under this section to the Board with the license application.

    (2)    The Board may not issue a master plumber license or limited master plumber license to an applicant to whom the insurance requirements of this section would apply unless the applicant submits proof of the insurance.

(e)    Unless an applicant meets the insurance requirements of this section, the Board may not renew the master plumber license or limited master plumber license of the applicant to whom the insurance requirements of this section would apply.

(f)    A master plumber or holder of a limited master plumber license shall give the Board notice of the cancellation of insurance at least 10 days before the effective date of the cancellation.

(g)    If a county, municipal corporation, special taxing district, or other political subdivision requires a master plumber, holder of a limited master plumber license, or other person who engages in the business of providing plumbing services to execute a surety bond under local plumbing requirements, the person may satisfy the bond requirement by submitting proof of the insurance required under this section.

(h)    The Board shall specify on the master plumber license or limited master plumber license whether the master plumber or holder of the limited master plumber license meets the insurance requirements of this section.

Md. Code, Bus. Occ. & Prof. GBO 13-304

§13–304.

(a)    (1)    An applicant for a license shall:

        (i)    submit to the Secretary an application in the manner and format designated by the Secretary;

        (ii)    submit the documents required under this section; and

        (iii)    pay to the Secretary, in a method approved by the Secretary, the fees required under subsection (b) of this section.

    (2)    If the applicant is a firm, the representative member shall complete the application and otherwise be responsible for the firm’s compliance with this section.

(b)    (1)    An applicant for a license shall pay to the Secretary an application fee of:

        (i)    1.    $200, if the applicant is an individual; or

            2.    $375, if the applicant is a firm; and

        (ii)    the fees authorized under subsection (c)(2) of this section.

    (2)    (i)    As part of the application for a license, the applicant shall submit to the Secretary the fingerprints required under subsection (c)(2)(i) of this section.

        (ii)    If the applicant is a firm, the applicant shall pay the cost of the fingerprint card record checks for each firm member.

(c)    (1)    The Department of State Police shall apply to the Central Repository for a State and national criminal history records check for each applicant.

    (2)    As part of the application for a criminal history records check, the Department of State Police shall submit to the Central Repository:

        (i)    two complete sets of the applicant’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

        (ii)    the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and

        (iii)    the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

    (3)    In accordance with §§ 10–201 through 10–234 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Department of State Police a printed statement of the applicant’s criminal history record information.

    (4)    The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.

(d)    (1)    If the applicant is an individual, the application provided by the Secretary shall require:

        (i)    the name of the applicant;

        (ii)    the age of the applicant;

        (iii)    the address of the applicant; and

        (iv)    the current and previous employment of the applicant.

    (2)    If the applicant is a firm, the application provided by the Secretary shall require:

        (i)    a list of all of the firm members; and

        (ii)    for each firm member, the same information required regarding an individual applicant under paragraph (1) of this subsection.

    (3)    For all applicants, the application shall require:

        (i)    the address of the applicant’s proposed principal place of business and of each proposed branch office;

        (ii)    any trade or fictitious name that the applicant intends to use while conducting the business of the private detective agency;

        (iii)    the submission of a facsimile of any trademark that the applicant intends to use while conducting the business of the private detective agency; and

        (iv)    as the Secretary considers appropriate, any other information to assist in the evaluation of:

            1.    an individual applicant; or

            2.    if the applicant is a firm, any firm member.

(e)    The application provided by the Secretary shall contain a statement advising the applicant that willfully making a false statement on an application is a misdemeanor, subject to a fine or imprisonment or both, as provided under §§ 13–705 and 13–707 of this title.

(f)    (1)    If the applicant is an individual, the application shall be signed, under oath, by the individual.

    (2)    If the applicant is a firm, the application shall be signed, under oath, by the representative member, as the representative member, and by all the other firm members.

(g)    (1)    If the applicant is an individual, the application shall be accompanied by at least three names of individuals who can attest to the character of the applicant.

    (2)    If the applicant is a firm, the application shall be accompanied by at least three names of individuals who can attest to the character of each firm member.

(h)    An applicant for a license who intends to employ at least 5 individuals as private detectives shall submit with the application proof of commercial general liability insurance, including errors and omissions and completed operations with a $1,000,000 total aggregate minimum, as required under § 13–604 of this title.

(i)    In addition to meeting the other requirements of this section, a nonresident applicant shall submit a consent and any related document, as required by § 13–605 of this title.

Md. Code, Bus. Occ. & Prof. GBO 13-604

§13–604.

(a)    A private detective agency that employs 5 or more individuals as private detectives shall:

    (1)    maintain commercial general liability insurance, including errors and omissions and completed operations with a $1,000,000 total aggregate; and

    (2)    submit proof of the required insurance to the Secretary.

(b)    (1)    If an applicant for a license intends to employ 5 or more individuals as private detectives, the applicant shall submit proof of the liability insurance required under subsection (a) of this section to the Secretary with the license application.

    (2)    The Secretary may not issue a license to an applicant to whom the insurance requirements of this section would apply unless the applicant submits proof of the insurance.

(c)    If the insurance required for a private detective agency under this section is canceled, forfeited, or otherwise terminated, both the private detective agency and the insurer shall notify the Secretary.

(d)    If a private detective agency fails to maintain the liability insurance required under this section, the license of the private detective agency:

    (1)    is suspended automatically;

    (2)    shall remain suspended until the agency complies with the requirements under subsection (a) of this section; and

    (3)    may not be reinstated until the agency submits proof of the required insurance to the Secretary.

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 16-3A-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 16-3A-02

§16–3A–02.

(a)    To qualify for a license as a home inspector, an applicant must be an individual who meets the requirements of this section.

(b)    Prior to July 1, 2002, an applicant for a home inspector license shall:

    (1)    meet two of the following conditions:

        (i)    have completed a minimum of 48 hours of an on-site training course approved by a national home inspection organization or the Commission;

        (ii)    have completed a minimum of 2 years of relevant work experience, as determined by the Commission, immediately preceding the submission of an application;

        (iii)    have completed at least 100 home inspections for compensation; or

        (iv)    submit proof of full membership in or certification by one of the following national home inspection organizations:

            1.    American Society of Home Inspectors; or

            2.    National Association of Home Inspectors;

    (2)    have a high school diploma or its equivalent;

    (3)    have general liability insurance in an amount not less than $50,000;

    (4)    submit to the Commission an application on the form that the Commission provides; and

    (5)    pay to the Commission an application fee of $50.

Md. Code, Bus. Occ. & Prof. GBO 16-3A-07

§16–3A–07.

(a)    Unless a license is renewed for a 2–year term as provided in this section, the license expires on a staggered basis as determined by the Secretary.

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

        (i)    a renewal application form; and

        (ii)    a notice that states:

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

            2.    the amount of the renewal fee.

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

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

    (1)    otherwise is entitled to be licensed;

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

    (3)    submits a renewal application on the form that the Commission provides; and

    (4)    submits proof of compliance with the insurance requirement of § 16–4A–04 of this title.

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

(e)    (1)    The Commission shall adopt regulations to require a demonstration of continuing professional competency of up to 30 educational hours for a licensee as a condition of renewal of a license under this section in accordance with paragraphs (2) through (6) of this subsection.

    (2)    Continuing professional competency requirements do not apply to the first renewal of a license.

    (3)    If a license expires on or before September 30, 2013, a licensee is not required to fulfill the continuing professional competency requirements.

    (4)    If a license expires between October 1, 2013, and September 30, 2014, a licensee is required to fulfill 50% of the continuing professional competency requirements as provided in the regulations adopted by the Commission under this subsection.

    (5)    If a license expires on or after October 1, 2014, a licensee is required to fulfill the full continuing professional competency requirements as provided in the regulations adopted by the Commission under this subsection.

    (6)    Educational hours from a continuing professional competency course satisfy the requirement of paragraph (1) of this subsection if:

        (i)    the course is offered by:

            1.    the American Society of Home Inspectors;

            2.    the National Association of Home Inspectors; or

            3.    any other provider approved by the Commission; and

        (ii)    the Commission determines that the course increases the licensee’s knowledge of the provision of home inspection services, including one or more components of an existing residential building.

Md. Code, Bus. Occ. & Prof. GBO 16-4A-04

§16–4A–04.

(a)    A home inspector licensed by the Commission shall maintain general liability insurance in the amount of at least $150,000.

(b)    (1)    An applicant shall submit proof of the insurance required under this section to the Commission with the license application.

    (2)    The Commission may not issue a license to an applicant unless the applicant submits proof of the insurance.

(c)    Unless an applicant meets the insurance requirements of this section, the Commission may not renew the license.

(d)    A licensee shall give the Commission notice of the cancellation of insurance required under this section at least 10 days before the effective date of the cancellation.

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 17-407

§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 18-303

§18–303.

(a)    An applicant for a license shall:

    (1)    submit to the Secretary an application in the manner and format designated by the Secretary;

    (2)    submit the documents required by this section; and

    (3)    pay to the Secretary in a method approved by the Secretary:

        (i)    an application fee of $100;

        (ii)    the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and

        (iii)    the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(b)    The application provided by the Secretary shall contain a statement advising the applicant that willfully making a false statement on an application is a misdemeanor, subject to a fine or imprisonment or both, as provided under § 18–504 of this title.

(c)    If the applicant is a firm, the representative member shall complete the application and otherwise be responsible for the firm’s compliance with this section.

(d)    (1)    The application shall be accompanied by at least two written recommendations for the applicant.

    (2)    Each recommendation shall be signed, under oath, by a reputable citizen of the State.

(e)    (1)    An applicant for a license shall submit with the application two complete sets of the applicant’s legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation.

    (2)    If the applicant is a firm, the applicant shall pay the cost of the fingerprint records check for each firm member.

(f)    An applicant for a license shall submit with the application a copy of a bond or proof of insurance in accordance with the requirements of § 18–401 of this title.

(g)    The Secretary may waive the requirements of subsections (a)(2) and (3), (d), and (e) of this section and issue a license to an applicant who:

    (1)    provides adequate evidence that the applicant:

        (i)    is licensed to engage in the business of providing security systems services in another state; and

        (ii)    became licensed in the other state:

            1.    after meeting qualifications that are at least equivalent to those required in this State; and

            2.    after submitting to a State and national criminal records check; and

    (2)    pays to the Secretary, in a method approved by the Secretary, a processing fee of $100.

Md. Code, Bus. Occ. & Prof. GBO 18-307

§18–307.

(a)    By regulation, the Secretary shall stagger the terms of the licenses.

(b)    Unless a license is renewed for a 3–year term as provided in this section, the license expires on the date the Secretary sets.

(c)    At least 1 month before a license expires, the Secretary shall electronically transmit to the agency a notice that states:

    (1)    the date on which the current license expires;

    (2)    that the Secretary must receive the renewal application and proof of insurance or bonding as required in § 18–401 of this title at least 15 days before the license expiration date for the renewal to be issued and mailed before the license expires;

    (3)    the amount of the renewal fee;

    (4)    that, if the complete renewal application and proof of insurance or bonding as required in § 18–401 of this title are not received at least 15 days before the license expiration date, a fee of $25 per day shall be charged against the agency until the day the license expires, at which time the agency shall be considered closed;

    (5)    that an agency may not be issued a license under this title until all outstanding obligations are satisfied with the Secretary; and

    (6)    that the submission of a false statement in the renewal application or the submission of altered or false documents that are otherwise required is cause for revocation of the agency license.

(d)    An agency periodically may renew the license for an additional 3–year term, if the license holder:

    (1)    otherwise is entitled to be licensed;

    (2)    pays to the Secretary in a method approved by the Secretary:

        (i)    a renewal fee of $100;

        (ii)    the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records;

        (iii)    the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check; and

        (iv)    any late fee required under this subtitle; and

    (3)    submits to the Secretary:

        (i)    a renewal application in the manner and format designated by the Secretary;

        (ii)    two complete sets of the applicant’s legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation; and

        (iii)    satisfactory evidence of compliance with any other requirements under this section for renewal of registration.

(e)    In accordance with §§ 10–201 through 10–235 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Department of State Police a printed statement of the applicant’s criminal history records information.

(f)    The Secretary may waive the national criminal history records check required under subsection (d) of this section for an applicant who was issued a license under § 18–303(g) of this subtitle if the applicant pays to the Secretary, in a method approved by the Secretary, a processing fee of $100.

(g)    If the renewal application was submitted as required in subsection (d) of this section and the national criminal history records check required under this section is not completed before the licensee’s license expires, the Secretary shall allow the licensee to operate in a temporary license status if the licensee otherwise meets the requirements of this section.

(h)    A licensee may operate in a temporary license status at the time of renewal only if the renewal application and all required documents and fees were submitted by the expiration date of the license.

(i)    The temporary license status shall expire at the earlier of:

    (1)    the completion of the national criminal history records check of the applicant; or

    (2)    the renewal or denial of the license.

(j)    The Secretary shall renew the license of each applicant who meets the requirements of this section.

Md. Code, Bus. Occ. & Prof. GBO 18-401

§18–401.

(a)    In order to obtain a license, an applicant shall:

    (1)    (i)    execute a fidelity bond as provided in subsection (c) of this section; or

        (ii)    maintain general liability insurance as provided in subsection (d) of this section; and

    (2)    maintain in an office in the State, documents or other records that are made in the State or relate to a service performed in the State and make those records available for inspection by the Secretary for compliance with this title.

(b)    The Secretary may not issue or renew a license or registration unless the applicant, licensee, or registrant submits proof of compliance with subsection (a) of this section.

(c)    (1)    The fidelity bond required by subsection (a)(1) of this section shall cover all individuals who:

        (i)    are licensed to provide security systems services, are registered as security systems technicians, or have access to circumventional information; or

        (ii)    are applicants for a license or registration.

    (2)    The fidelity bond shall be used for the benefit of any person injured on the premises of a consumer of security systems services by any fraudulent or dishonest act of a licensee, a security systems technician, or other individual who has access to circumventional information that is willful or malicious.

    (3)    The applicant for a license or registration shall submit a copy of the fidelity bond to the Secretary with the license or registration application.

    (4)    (i)    The amount of the fidelity bond required under subsection (c)(1) of this section shall be at least $50,000.

        (ii)    The total liability of the surety to all insured persons under the fidelity bond may not exceed the sum of the fidelity bond.

    (5)    (i)    If an employer’s fidelity bond is canceled, forfeited, or terminated by the surety, the surety shall immediately notify the Secretary.

        (ii)    If a surety fails to notify the Secretary as required by this paragraph, the fidelity bond shall continue in effect until the notice is given to the Secretary.

(d)    (1)    General liability insurance required by subsection (a)(1)(ii) of this section shall be in the amount of at least $50,000.

    (2)    An applicant for a license or registration shall submit proof of insurance meeting the requirements of paragraph (1) of this subsection to the Secretary with the application.

    (3)    If the general liability insurance required under this section is canceled, the insured shall immediately notify the Secretary.

(e)    If an agency fails to maintain the required fidelity bond or liability insurance as required in this section, upon notification, the Secretary:

    (1)    shall suspend the license; and

    (2)    may not reinstate the license until the agency submits proof of the required bond or insurance to the Secretary.

(f)    In addition to § 18-504 of this title, a court of competent jurisdiction may enjoin the operation of any employer who violates the requirements of this section.

Md. Code, Bus. Occ. & Prof. GBO 19-304

§19–304.

(a)    (1)    An applicant for a license shall:

        (i)    submit to the Secretary an application in the manner and format designated by the Secretary;

        (ii)    submit the documents required under this section; and

        (iii)    pay to the Secretary, in a method approved by the Secretary, the fees required under subsection (b) of this section.

    (2)    If the applicant is a firm, the representative member shall complete the application and otherwise be responsible for the firm’s compliance with this section.

(b)    (1)    An applicant for a license shall pay to the Secretary an application fee of:

        (i)    1.    $200, if the applicant is an individual; or

            2.    $375, if the applicant is a firm; and

        (ii)    the fees authorized under subsection (c) of this section.

    (2)    (i)    As part of the application for a license, the applicant shall submit to the Secretary the fingerprints required under subsection (c) of this section.

        (ii)    If the applicant is a firm, the applicant shall pay the cost of the fingerprint card record checks for each firm member.

(c)    (1)    The Department of State Police shall apply to the Central Repository for a State and national criminal history records check for each applicant.

    (2)    As part of the application for a criminal history records check, the Department of State Police shall submit to the Central Repository:

        (i)    two complete sets of the applicant’s legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

        (ii)    the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and

        (iii)    the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

    (3)    In accordance with §§ 10–201 through 10–235 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Department of State Police a printed statement of the applicant’s criminal history record information.

    (4)    Information obtained from the Central Repository under this section shall be:

        (i)    confidential and may not be disseminated; and

        (ii)    used only for the purpose authorized by this section.

    (5)    The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.

(d)    (1)    If the applicant is an individual, the application provided by the Secretary shall require:

        (i)    the name of the applicant;

        (ii)    the age of the applicant;

        (iii)    the address of the applicant; and

        (iv)    the current and previous employment of the applicant.

    (2)    If the applicant is a firm, the application provided by the Secretary shall require:

        (i)    a list of all of the firm members; and

        (ii)    for each firm member, the same information required regarding an individual applicant under paragraph (1) of this subsection.

    (3)    For all applicants, the application shall require:

        (i)    the address of the applicant’s proposed principal place of business and of each proposed branch office;

        (ii)    any trade or fictitious name that the applicant intends to use while conducting the business of the security guard agency;

        (iii)    the submission of a facsimile of any trademark that the applicant intends to use while conducting the business of the security guard agency; and

        (iv)    as the Secretary considers appropriate, any other information to assist in the evaluation of:

            1.    an individual applicant; or

            2.    if the applicant is a firm, any firm member.

(e)    The application provided by the Secretary shall contain a statement advising the applicant that willfully making a false statement on an application is a misdemeanor, subject to a fine or imprisonment or both, as provided under §§ 19–605 and 19–607 of this title.

(f)    (1)    If the applicant is an individual, the application shall be signed, under oath, by the individual.

    (2)    If the applicant is a firm, the application shall be signed, under oath, by the representative member, as the representative member, and shall provide proof to the Secretary that the representative member is a member of the firm.

(g)    (1)    If the applicant is an individual, the application shall be accompanied by at least three names of individuals who can attest to the character of the applicant.

    (2)    If the applicant is a firm, the application shall be accompanied by at least three names of individuals who can attest to the character of each firm member.

(h)    An applicant for a license who intends to employ one or more individuals as security guards shall submit with the application proof of commercial general liability insurance, as required under § 19–504 of this title.

(i)    In addition to meeting the other requirements of this section, a nonresident applicant shall submit a consent and any related document, as required by § 19–505 of this title.

Md. Code, Bus. Occ. & Prof. GBO 19-504

§19–504.

(a)    (1)    A security guard agency or security guard employer that employs five or more individuals as security guards shall:

        (i)    maintain commercial general liability insurance, including errors and omissions and completed operations with a $1,000,000 total aggregate minimum; and

        (ii)    submit proof of the required insurance to the Secretary.

    (2)    A security guard agency or security guard employer that employs fewer than five individuals as security guards shall:

        (i)    maintain commercial general liability insurance, including errors and omissions and completed operations with a $500,000 total aggregate minimum; and

        (ii)    submit proof of the required insurance to the Secretary.

(b)    (1)    If an applicant for a license or a security guard employer intends to employ one or more individuals as security guards, the applicant shall submit proof of the liability insurance required under subsection (a) of this section to the Secretary with the license application.

    (2)    (i)    The Secretary may not issue a license to an applicant to whom the insurance requirements of this section would apply unless the applicant submits proof of the insurance.

        (ii)    The Secretary may not authorize the certification of a security guard for a security guard employer unless the security guard employer submits proof of applicable insurance under subsection (a) of this section.

(c)    If the insurance required for a security guard agency or security guard employer under this section is canceled, forfeited, or otherwise terminated, both the security guard agency or the security guard employer and the insurer shall notify the Secretary.

(d)    If a security guard agency fails to maintain the liability insurance required under this section, the license of the security guard agency:

    (1)    is suspended automatically;

    (2)    shall remain suspended until the agency complies with the requirements; and

    (3)    may not be reinstated until the agency submits proof of the required insurance to the Secretary.

(e)    If a security guard employer fails to maintain the liability insurance required under this section, the Secretary may prohibit a security guard employer from employing a certified security guard until the security guard employer:

    (1)    complies with the applicable insurance requirements under subsection (a) of this section; and

    (2)    submits proof of the required insurance to the Secretary.

Md. Code, Bus. Occ. & Prof. GBO 20-303

§20–303.

(a)    (1)    An applicant for a license shall submit to the Secretary:

        (i)    an application on the form that the Secretary provides; and

        (ii)    an application fee of $500.

    (2)    The application fee is nonrefundable.

(b)    (1)    The application form provided by the Secretary shall contain a statement advising the applicant that willfully making a false statement on an application is a misdemeanor, subject to a fine or imprisonment or both, as provided under § 20-701 of this title.

    (2)    The applicant shall sign the application under oath.

(c)    In addition to any other information that the Secretary requires, the applicant shall provide:

    (1)    the name, date of birth, and residence address of the applicant;

    (2)    the address of the applicant’s proposed principal place of business and of each proposed branch office;

    (3)    a telephone number at which the applicant can be reached during normal business hours;

    (4)    a telephone or pager number that can be used to reach the applicant during nonbusiness hours; and

    (5)    the name and permanent address of each individual the applicant intends to employ as a private home detention monitor.

(d)    An applicant for a license shall submit with the application form:

    (1)    a bond in accordance with the requirements of § 20-601 of this title; and

    (2)    proof of liability insurance, as required under § 20-602 of this title.

Md. Code, Bus. Occ. & Prof. GBO 20-310

§20–310.

(a)    As a condition for license renewal, a licensee shall submit to the Secretary with the renewal application:

    (1)    a certification or, as authorized by the Secretary, other documentation that the licensed private home detention monitoring agency has paid, for the past 2 years, all withholding and Social Security taxes;

    (2)    a certification or, as authorized by the Secretary, other documentation that the licensed private home detention monitoring agency has paid, for the past 2 years, all other obligations employers are required to pay on behalf of their employees to the State or federal government;

    (3)    a certificate of compliance issued by the State Workers’ Compensation Commission, or the number of a workers’ compensation insurance policy or binder as provided by § 9-105 of the Labor and Employment Article;

    (4)    a receipt from the Comptroller’s Office or, as authorized by the Secretary, other documentation showing that the State income tax of the licensed private home detention monitoring agency has been paid for the past 2 years;

    (5)    (i)    a bond in accordance with the requirements of § 20-601 of this title; and

        (ii)    proof of liability insurance, as required under § 20-602 of this title; and

    (6)    a renewal fee of $100.

(b)    If the Secretary does not receive the documents required under subsection (a) of this section at least 21 days before the current license expires, the Secretary may charge the licensee a late fee of $10 per day until the documents are received.

(c)    The Secretary may inspect any of the business records of a licensee that relate to any matter that is subject to certification or documentation under this section.

Md. Code, Bus. Occ. & Prof. GBO 20-602

§20–602.

(a)    The Secretary may adopt regulations requiring a private home detention monitoring agency to maintain a specific minimum amount of general liability insurance.

(b)    If the Secretary adopts regulations under subsection (a) of this section, a private home detention monitoring agency shall:

    (1)    submit proof of the insurance to the Secretary; and

    (2)    notify the Secretary if the insurance is canceled, forfeited, or otherwise terminated.

(c)    If the Secretary adopts regulations under subsection (a) of this section, the Secretary may not issue a license to an applicant unless the applicant submits proof of the insurance required by regulation.

Md. Code, Bus. Occ. & Prof. § 3-103

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

Md. Code, Bus. Occ. & Prof. GBO 4-306

§4–306.

(a)    Subject to the provisions of this section, the Board may waive any examination requirement of this subtitle for:

    (1)    an applicant for a master barber or a barber license who is licensed to practice barbering in another state; or

    (2)    an applicant for a barber–stylist limited license who is licensed to provide barber–stylist services in another state.

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

    (1)    the applicant pays the application fee set by the Board under § 4–206 of this title and any applicable examination fee required under § 4–303 of this subtitle for any examination requirement that is not waived by the Board;

    (2)    the applicant provides adequate evidence that the applicant:

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

        (ii)    became licensed in the other state after passing, in that or any other state, an examination that is similar to the examination for which the applicant is seeking the waiver;

    (3)    the applicant practiced barbering in the other state as a master barber or barber or provided barber–stylist services in the other state as a barber–stylist during the 2 years immediately before applying in this State;

    (4)    the applicant provides:

        (i)    a notarized statement from a previous employer certifying that the applicant has the experience required under item (3) of this subsection; or

        (ii)    if the applicant was self–employed, other proof that is acceptable to the Board;

    (5)    the applicant submits a letter from the licensing board of the other state certifying that the applicant is in good standing with the board of the other state; and

    (6)    the applicant certifies in writing that the applicant has read, understands, and will comply with the provisions of this title and the regulations of the Board.

Md. Code, Bus. Occ. & Prof. GBO 4-314

§4–314.

(a)    (1)    Subject to the hearing provisions of § 4–315 of this subtitle, the Board may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee:

        (i)    fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;

        (ii)    fraudulently or deceptively uses a license;

        (iii)    is incompetent;

        (iv)    habitually is intoxicated or under the influence of any drug;

        (v)    falsifies a record submitted to the Board;

        (vi)    fails to use proper sanitary methods while practicing barbering;

        (vii)    fails to keep a barbershop in a sanitary condition;

        (viii)    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 or licensee to practice barbering or to provide barber–stylist services;

        (ix)    violates any provision of this title or any regulation adopted by the Board under this title; or

        (x)    fails to pay a civil penalty imposed by the Board under § 4–608 of this title.

    (2)    (i)    Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Board may impose a penalty not exceeding $300 for all violations cited on a single date.

        (ii)    To determine the amount of the penalty under this subsection, the Board shall consider:

            1.    the seriousness of the violation;

            2.    the good faith of the violator;

            3.    the violator’s history of previous violations;

            4.    the deleterious effect of the violation on the complainant, the public, and the barber industry; and

            5.    any other factors relevant to the determination of the financial penalty.

    (3)    The Board shall pay any penalty collected under this subsection into the General Fund of the State.

(b)    The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(1)(viii) 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 practice barbering or to provide barber–stylist 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.

(c)    The Board shall commence proceedings under this section on a complaint to the Board by a member of the Board or any person.

(d)    (1)    A complaint shall:

        (i)    be in writing;

        (ii)    include the name and necessary contact information of the individual filing the complaint, as determined by the Board;

        (iii)    state specifically the facts on which the complaint is based;

        (iv)    be submitted to the Executive Director of the Board; and

        (v)    be served on the person to whom it is directed:

            1.    personally; or

            2.    by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the person’s last known address as shown on the Board’s records.

    (2)    If service is made by certified mail, the person who mails the document shall file with the Board verified proof of mailing.

    (3)    If a complaint is made by any person other than a member of the Board, the complaint shall be made under oath by the person who submits the complaint.

(e)    (1)    Except as provided in subsection (f) of this section, if the Board finds that a complaint alleges facts that are adequate grounds for action under this section, the Board shall act on the complaint as provided under § 4–315 of this subtitle to deny, suspend, or revoke a license, reprimand a licensee, or assess a penalty.

    (2)    If the Board does not make the finding, the Board shall dismiss the complaint.

(f)    (1)    If the Board makes the finding under subsection (e)(1) of this section for a violation that relates to the sanitary practice of barbering or the provision of barber–stylist services, the Board shall provide the licensee an opportunity to correct the alleged violation.

    (2)    If the licensee fails to correct each alleged violation within 10 days of written notification of the violation by the Board, the Board shall act on the complaint as provided under § 4–315 of this subtitle.

    (3)    If the licensee corrects each alleged violation within 10 days of notice, the Board shall:

        (i)    dismiss the complaint; and

        (ii)    provide the licensee written notification of the dismissal.

Md. Code, Bus. Occ. & Prof. GBO 4-511

§4–511.

(a)    The Board may adopt regulations to ensure that each barber school approved by the State Board of Education or the Maryland Higher Education Commission is operated in a sanitary manner.

(b)    The regulations adopted under subsection (a) of this section shall provide for:

    (1)    the reporting of violations of the regulations to the Department of Education or the Maryland Higher Education Commission; and

    (2)    the imposition of a fine not to exceed $300 for a violation of the regulations.

(c)    In determining the amount of financial penalty to be imposed under this section, the Board shall consider the following:

    (1)    the seriousness of the violation;

    (2)    the good faith of the violator;

    (3)    the violator’s history of previous violations;

    (4)    the deleterious effect of the violation on the complainant, the public, and the barber industry; and

    (5)    any other factors relevant to the determination of the financial penalty.

(d)    The Board shall commence proceedings to assess a penalty under this section on a complaint to the Board by a member of the Board or any person.

(e)    (1)    A complaint shall:

        (i)    be in writing;

        (ii)    include the name and necessary contact information of the individual filing the complaint, as determined by the Board;

        (iii)    state specifically the facts on which the complaint is based;

        (iv)    be submitted to the Executive Director of the Board; and

        (v)    be served on the person to whom it is directed:

            1.    personally; or

            2.    by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the person’s last known address as shown on the Board’s records.

    (2)    If service is made by certified mail, the person who mails the document shall file with the Board verified proof of mailing.

    (3)    If a complaint is made by any person other than a member of the Board, the complaint shall be made under oath by the person who submits the complaint.

(f)    (1)    If the Board finds that there is a violation that relates to the sanitary condition of the barber school, the Board shall provide the owner of the barber school an opportunity to correct the alleged violation.

    (2)    If the school owner fails to correct each alleged violation within 10 days of written notification by the Board, the Board shall act on the complaint as provided under § 4-514 of this subtitle.

    (3)    If the school owner corrects each alleged violation within 10 days of notice, the Board shall:

        (i)    dismiss the complaint; and

        (ii)    provide the school owner written notification of dismissal.

Md. Code, Bus. Occ. & Prof. GBO 4-513

§4–513.

(a)    (1)    Subject to the hearing provisions of § 4-514 of this subtitle, the Board may deny a barbershop permit to any applicant, reprimand any permit holder, or suspend or revoke a barbershop permit:

        (i)    for any applicable ground under § 4-314 of this title;

        (ii)    if the applicant or holder fraudulently or deceptively obtains or attempts to obtain a barbershop permit for the applicant or holder or for another;

        (iii)    if the applicant or holder fraudulently or deceptively uses a barbershop permit; or

        (iv)    if the holder fails to pay a civil penalty imposed by the Board under § 4-608 of this title.

    (2)    (i)    Instead of or in addition to reprimanding a permit holder or suspending or revoking a permit under this subsection, the Board may impose a penalty not exceeding $300 for all violations cited on a single date.

        (ii)    To determine the amount of penalty imposed under this subsection, the Board shall consider the following:

            1.    the seriousness of the violation;

            2.    the good faith of the violator;

            3.    the violator’s history of previous violations;

            4.    the deleterious effect of the violation on the complainant, the public, and the barber industry; and

            5.    any other factors relevant to the determination of the financial penalty.

    (3)    The Board shall pay any penalty collected under this subsection into the General Fund of the State.

(b)    The Board shall commence proceedings under this section on a complaint to the Board by a member of the Board or any person.

(c)    (1)    A complaint shall:

        (i)    be in writing;

        (ii)    be signed by the complainant;

        (iii)    state specifically the facts on which the complaint is based;

        (iv)    be submitted to the Executive Director of the Board; and

        (v)    be served on the person to whom it is directed:

            1.    personally; or

            2.    by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the person’s last known address as shown on the Board’s records.

    (2)    If service is made by certified mail, the person who mails the document shall file with the Board verified proof of mailing.

    (3)    If a complaint is made by any person other than a member of the Board, the complaint shall be made under oath by the person who submits the complaint.

(d)    (1)    Except as provided in subsection (e) of this section, if the Board finds that a complaint alleges facts that are adequate grounds for action under § 4-514 of this subtitle, the Board shall act on the complaint as provided under § 4-514 of this subtitle to deny, suspend, or revoke a barbershop permit, or reprimand or assess a penalty against the holder of the permit.

    (2)    If the Board does not make the finding, the Board shall dismiss the complaint.

(e)    (1)    If the Board makes the finding under subsection (d)(1) of this section for a violation that relates to the sanitary condition of the barbershop, the Board shall provide the owner of the barbershop an opportunity to correct the alleged violation.

    (2)    If the barbershop owner fails to correct each alleged violation within 10 days of written notification by the Board, the Board shall act on the complaint as provided under § 4-514 of this subtitle.

    (3)    If the barbershop owner corrects each alleged violation within 10 days of notice, the Board shall:

        (i)    dismiss the complaint; and

        (ii)    provide the barbershop owner written notification of dismissal.

Md. Code, Bus. Occ. & Prof. GBO 5-314

§5–314.

(a)    (1)    Subject to the hearing provisions of § 5-315 of this subtitle, the Board may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee:

        (i)    fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;

        (ii)    fraudulently or deceptively uses a license;

        (iii)    is incompetent;

        (iv)    engages in dishonest, unethical, immoral, or unprofessional conduct;

        (v)    is addicted to alcohol or drugs to the extent of being unfit to practice cosmetology;

        (vi)    advertises by means of knowingly false or deceptive statements;

        (vii)    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 or licensee to practice cosmetology;

        (viii)    violates any provision of this title or any regulation adopted by the Board under this title; or

        (ix)    fails to pay a civil penalty imposed by the Board under § 5-610 of this title.

    (2)    (i)    Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Board may impose a penalty not exceeding $300 for all violations cited on a single day.

        (ii)    To determine the amount of the penalty imposed under this subsection, the Board shall consider:

            1.    the seriousness of the violation;

            2.    the good faith of the violator;

            3.    the violator’s history of previous violations;

            4.    the deleterious effect of the violation on the complainant, the public, and the cosmetology industry; and

            5.    any other factors relevant to the determination of the financial penalty.

    (3)    The Board shall pay any penalty collected under this subsection into the General Fund of the State.

(b)    The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(1)(vii) 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 practice cosmetology;

    (4)    the length of time since the conviction; and

    (5)    the behavior and activities of the applicant or licensee before and after the conviction.

(c)    (1)    The Board shall commence proceedings under this section on a complaint to the Board by a member of the Board or any person.

    (2)    A complaint shall:

        (i)    be in writing;

        (ii)    include the name and necessary contact information of the individual filing the complaint, as determined by the Board;

        (iii)    state specifically the facts on which the complaint is based;

        (iv)    be submitted to the Executive Director of the Board; and

        (v)    be served on the person to whom it is directed:

            1.    personally; or

            2.    by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the person’s last known address as shown on the Board’s records.

    (3)    If service is made by certified mail, the person who mails the document shall file with the Board verified proof of mailing.

(d)    (1)    Except as provided in subsection (e) of this section, if the Board finds that a complaint alleges facts that are adequate grounds for action under this section, the Board shall act on the complaint as provided under § 5-315 of this subtitle to deny, suspend, or revoke a license, reprimand a licensee, or assess a penalty.

    (2)    If the Board does not make the finding, the Board shall dismiss the complaint.

(e)    (1)    If the Board makes the finding under subsection (d)(1) of this section for a violation that relates to the sanitary practice of cosmetology, the Board shall provide the licensee an opportunity to correct the alleged violation.

    (2)    If the licensee fails to correct each alleged violation within 10 days of written notification of the violation by the Board, the Board shall act on the complaint as provided under § 5-315 of this subtitle.

    (3)    If the licensee corrects each alleged violation within 10 days of notice, the Board shall:

        (i)    dismiss the complaint; and

        (ii)    provide the licensee written notification of the dismissal.

Md. Code, Bus. Occ. & Prof. GBO 5-407

§5–407.

(a)    (1)    Subject to the hearing provisions of § 5–408 of this subtitle, the Board may deny registration as an apprentice to any applicant, reprimand any individual registered as an apprentice, or suspend or revoke the registration of an individual registered as an apprentice:

        (i)    for any applicable ground under § 5–314 of this title;

        (ii)    if the applicant or individual fraudulently or deceptively obtains or attempts to obtain registration for the applicant or individual or for another; or

        (iii)    if the applicant or individual fraudulently or deceptively uses a certificate of registration.

    (2)    (i)    Instead of or in addition to reprimanding an individual registered as an apprentice or suspending or revoking a registration, the Board may impose a penalty not exceeding $300 for all violations cited on a single date.

        (ii)    To determine the amount of penalty imposed under this subsection, the Board shall consider:

            1.    the seriousness of the violation;

            2.    the good faith of the violator;

            3.    the violator’s history of previous violations;

            4.    the deleterious effect of the violation on the complainant, the public, and the cosmetology industry; and

            5.    any other factors relevant to the determination of the penalty.

    (3)    The Board shall pay any penalty collected under this subsection into the General Fund of the State.

(b)    (1)    The Board shall commence proceedings under this section on a complaint to the Board by a member of the Board or any person.

    (2)    A complaint shall:

        (i)    be in writing;

        (ii)    be signed by the complainant;

        (iii)    state specifically the facts on which the complaint is based;

        (iv)    be submitted to the Executive Director of the Board; and

        (v)    be served on the person to whom it is directed:

            1.    personally; or

            2.    by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the person’s last known address as shown on the Board’s records.

    (3)    If service is made by certified mail, the person who mails the document shall file with the Board verified proof of mailing.

(c)    (1)    Except as provided in subsection (d) of this section, if the Board finds that a complaint alleges facts that are adequate grounds for action under this section, the Board shall act on the complaint as provided under § 5–408 of this subtitle to deny, suspend, or revoke a certificate of registration, reprimand an apprentice, or assess a penalty.

    (2)    If the Board does not make the finding, the Board shall dismiss the complaint.

(d)    (1)    If the Board makes the finding under subsection (c)(1) of this section for a violation that relates to the sanitary practice of cosmetology, the Board shall provide the apprentice an opportunity to correct the alleged violation.

    (2)    If the apprentice fails to correct each alleged violation within 10 days of written notification of the violation by the Board, the Board shall act on the complaint as provided under § 5–408 of this subtitle.

    (3)    If the apprentice corrects each alleged violation within 10 days of notice, the Board shall:

        (i)    dismiss the complaint; and

        (ii)    provide the apprentice written notification of the dismissal.

Md. Code, Bus. Occ. & Prof. GBO 5-509

§5–509.

(a)    The Board may adopt regulations to ensure that each cosmetology school approved by the State Board of Education or the Maryland Higher Education Commission is operated in a sanitary manner.

(b)    The regulations adopted under subsection (a) of this section shall provide for:

    (1)    the reporting of violations of the regulations to the Department of Education or the Maryland Higher Education Commission; and

    (2)    the imposition of a fine not to exceed $300 for a violation of the regulations.

(c)    In determining the amount of financial penalty to be imposed under this section, the Board shall consider the following:

    (1)    the seriousness of the violation;

    (2)    the good faith of the violator;

    (3)    the violator’s history of previous violations;

    (4)    the deleterious effect of the violation on the complainant, the public, and the barber industry; and

    (5)    any other factors relevant to the determination of the financial penalty.

(d)    (1)    The Board shall commence proceedings to assess a penalty under this section on a complaint to the Board by a member of the Board or any person.

    (2)    A complaint shall:

        (i)    be in writing;

        (ii)    include the name and necessary contact information of the individual filing the complaint, as determined by the Board;

        (iii)    state specifically the facts on which the complaint is based;

        (iv)    be submitted to the Executive Director of the Board; and

        (v)    be served on the person to whom it is directed:

            1.    personally; or

            2.    by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the person’s last known address as shown on the Board’s records.

    (3)    If service is made by certified mail, the person who mails the document shall file with the Board verified proof of mailing.

(e)    (1)    Except as provided in subsection (f) of this section, if the Board finds that a complaint alleges facts that are adequate grounds for action under this section, the Board shall act on the complaint as provided under § 5–523 of this subtitle to assess a penalty.

    (2)    If the Board does not make the finding, the Board shall dismiss the complaint.

(f)    (1)    If the Board makes the finding under subsection (e)(1) of this section for a violation that relates to the sanitary condition of a cosmetology school or the sanitary practice of cosmetology, the Board shall provide the owner of the school an opportunity to correct the alleged violation.

    (2)    If the owner fails to correct each alleged violation within 10 days of written notification of the violation by the Board, the Board shall act on the complaint as provided under § 5–523 of this subtitle.

    (3)    If the owner corrects each alleged violation within 10 days of notice, the Board shall:

        (i)    dismiss the complaint; and

        (ii)    provide the owner written notification of the dismissal.

Md. Code, Bus. Occ. & Prof. GBO 5-522

§5–522.

(a)    (1)    Subject to the hearing provisions of § 5–523 of this subtitle, the Board may deny a beauty salon permit to any applicant, reprimand any permit holder, or suspend or revoke a beauty salon permit:

        (i)    for any applicable ground under § 5–314 of this title;

        (ii)    if the applicant or holder fraudulently or deceptively obtains or attempts to obtain a beauty salon permit for the applicant or holder or for another;

        (iii)    if the applicant or holder fraudulently or deceptively uses a beauty salon permit; or

        (iv)    if the holder fails to pay a civil penalty imposed by the Board under § 5–610 of this title.

    (2)    (i)    Instead of or in addition to reprimanding a permit holder or suspending or revoking a beauty salon permit, the Board may impose a penalty not exceeding $300 for all violations cited on a single date.

        (ii)    To determine the amount of penalty imposed under this subsection, the Board shall consider:

            1.    the seriousness of the violation;

            2.    the good faith of the violator;

            3.    the violator’s history of previous violations;

            4.    the deleterious effect of the violation on the complainant, the public, and the cosmetology industry; and

            5.    any other factors relevant to the determination of the financial penalty.

    (3)    The Board shall pay any penalty collected under this subsection into the General Fund of the State.

(b)    (1)    The Board shall commence proceedings under this section on a complaint to the Board by a member of the Board or any person.

    (2)    A complaint shall:

        (i)    be in writing;

        (ii)    be signed by the complainant;

        (iii)    state specifically the facts on which the complaint is based;

        (iv)    be submitted to the Executive Director of the Board; and

        (v)    be served on the person to whom it is directed:

            1.    personally; or

            2.    by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the person’s last known address as shown on the Board’s records.

    (3)    If service is made by certified mail, the person who mails the document shall file with the Board verified proof of mailing.

(c)    (1)    Except as provided in subsection (d) of this section, if the Board finds that a complaint alleges facts that are adequate grounds for action under this section, the Board shall act on the complaint as provided under § 5–523 of this subtitle to deny, suspend, or revoke a license, reprimand a licensee, or assess a penalty.

    (2)    If the Board does not make the finding, the Board shall dismiss the complaint.

(d)    (1)    If the Board makes the finding under subsection (c)(1) of this section for a violation that relates to the sanitary condition of a beauty salon or the sanitary practice of cosmetology, the Board shall provide the owner of the salon an opportunity to correct the alleged violation.

    (2)    If the owner fails to correct each alleged violation within 10 days of written notification of the violation by the Board, the Board shall act on the complaint as provided under § 5–523 of this subtitle.

    (3)    If the owner corrects each alleged violation within 10 days of notice, the Board shall:

        (i)    dismiss the complaint; and

        (ii)    provide the owner written notification of the dismissal.

Md. Code, Bus. Occ. & Prof. GBO 6-307.1

§6–307.1.

The State Board shall waive the experience and examination requirements for an applicant for a journeyperson electrician license if the applicant:

    (1)    (i)    provides written proof of 4 years of work experience providing electrical services under the control and direction of a master electrician; and

        (ii)    submits an application for a license to the State Board on or before December 31, 2022; or

    (2)    provides written proof that the applicant has successfully completed an electrician apprenticeship program approved by the Division of Workforce Development and Adult Learning or the federal Office of Apprenticeship that consists of:

        (i)    at least 576 classroom hours; and

        (ii)    8,000 hours of work experience.

Md. Code, Bus. Occ. & Prof. GBO 6-309

§6–309.

(a)    If an applicant qualifies for a State license under this subtitle, the State Board shall send the applicant a notice that states that:

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

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

        (i)    a license fee set by the State Board; and

        (ii)    proof of general liability and property damage insurance as required under § 6–604 of this title.

(b)    (1)    If, at the time of application, an applicant intends to assign to another person a local license that is obtained by use of a State license, the applicant shall identify on the application the person to whom the applicant is assigning the local license.

    (2)    On payment of the State license fee and receipt of the proof of insurance required under § 6–604 of this title, the State Board shall issue a State license to each applicant who meets the requirements of this title.

(c)    The State Board shall include on each State license that the State Board issues:

    (1)    the name of the licensee; and

    (2)    if the licensee assigns a local license to another person who engages in the business of providing electrical services, the name of the person.

Md. Code, Bus. Occ. & Prof. GBO 6-401

§6–401.

(a)    Subject to the limitations in this subtitle, an individual who holds a State master electrician license or qualifies for a State master electrician license may use the State license to:

    (1)    obtain a local registration; and

    (2)    assign that local registration to another person, if authorized by that local jurisdiction, including a sole proprietorship, who engages in the business of providing electrical services.

(b)    (1)    Subject to the limitations in this section, if an individual obtains a State license on the basis of a local registration under Subtitle 5 of this title and that local registration has been assigned to a person who engages in the business of providing electrical services, the individual shall identify on the State license the person to whom that local registration has been assigned.

    (2)    Subject to the limitations in this section, if an individual obtains a local registration on the basis of a State master electrician license and intends to assign that local registration to a person who engages in the business of providing electrical services, the individual shall identify on the State license the person to whom that local registration is to be assigned.

(c)    (1)    If, at the time of application for a State master electrician license, an individual intends to assign a local registration obtained on the basis of the State license, the individual shall:

        (i)    meet the requirements for issuance of a State license under § 6–309 of this title;

        (ii)    include, on the application form submitted to the State Board, the name of the person to whom the local registration is to be assigned;

        (iii)    pay the appropriate State license fee under § 6–309 of this title; and

        (iv)    submit to the State Board proof of general liability and property damage insurance as required under § 6–604 of this title.

    (2)    If an individual obtains a State license on the basis of a local registration that has been assigned, the individual shall:

        (i)    meet the requirements for issuance of a State license under § 6–309 of this title;

        (ii)    include, on an application form submitted to the State Board, the name of the person to whom the local registration has been assigned;

        (iii)    pay the appropriate State license fee under § 6–309 of this title; and

        (iv)    submit to the State Board proof of general liability and property damage insurance, if applicable, as required under § 6–604 of this title.

    (3)    If, after issuance of a State master electrician license to an individual, the individual intends to assign a local registration obtained on the basis of the State master electrician license, the individual shall:

        (i)    meet the notification requirements of § 6–314 of this title;

        (ii)    submit to the State Board an application for identification of the assignment on the State license;

        (iii)    pay to the State Board an identification fee set by the State Board;

        (iv)    submit to the State Board proof of general liability and property damage insurance as required under § 6–604 of this title; and

        (v)    return the State license.

(d)    (1)    If an individual obtains a local registration by the use of the State master electrician license of the individual, the local  registration may be assigned at any 1 time to only 1 person who engages in the business of providing electrical services.

    (2)    If at any time an individual holds 2 or more current local registrations that were obtained by the use of a State master electrician license, the individual may assign those local registrations only if the assignment is made to the same person.

Md. Code, Bus. Occ. & Prof. GBO 6-402

§6–402.

(a)    Subject to the limitations in this section and § 6–314 of this title, a master electrician who is licensed by the State Board and who assigns a local registration to a person who engages in the business of providing electrical services may change that assignment.

(b)    To change an assignment of a local registration, an applicant shall:

    (1)    submit to the State Board an application on the form that the State Board provides;

    (2)    pay to the State Board a change of status fee set by the State Board;

    (3)    submit to the State Board proof of the change of status of the local registration; and

    (4)    return the State license to the State Board.

(c)    On payment of the change of status fee, the State Board shall issue a new license to the applicant.

(d)    The State Board shall give each local jurisdiction notice of any change in the status of a local registration obtained by the use of a State license that will affect the status of the State license.

Md. Code, Bus. Occ. & Prof. GBO 6-503

§6–503.

(a)    Subject to the limitations in this subtitle, an individual may qualify for a reciprocal license from the State Board if the individual:

    (1)    is registered with a local jurisdiction of the State to provide electrical services in the local jurisdiction;

    (2)    applies for a reciprocal license of the same class or type as the applicant’s local registration that the State Board issues; and

    (3)    at the time of application, does not have:

        (i)    the same class or type of registration suspended or revoked by a local jurisdiction of the State; or

        (ii)    a record of outstanding violations of the regulations of a local jurisdiction of the State.

(b)    The State Board shall waive any of the qualifications required for a license under this title for an individual who:

    (1)    is registered with a local jurisdiction of the State, to provide the same class or type of electrical services as those permitted by the license for which the applicant is seeking a waiver; and

    (2)    meets the waiver requirements of subsection (c) of this section.

(c)    The State Board shall grant a waiver under this section for an applicant who is registered with a local jurisdiction only if the applicant:

    (1)    (i)    1.    qualified for the registration by passing an examination given in the local jurisdiction; and

            2.    has been registered for at least 1 year immediately before the date of application; or

        (ii)    1.    qualified for the registration other than by passing an examination in the local jurisdiction; and

            2.    has been registered for at least 2 years immediately before the date of application;

    (2)    submits a written statement from the local jurisdiction certifying:

        (i)    if the registration was earned on the basis of an examination, the date of registration; and

        (ii)    the registrant:

            1.    is in good standing with the local jurisdiction; and

            2.    has no record of outstanding violations of regulations of the local jurisdiction;

    (3)    pays any reciprocal license fee set by the State Board;

    (4)    if required, submits proof of general liability insurance to the State Board; and

    (5)    complies with any other licensing requirements of the State Board.

Md. Code, Bus. Occ. & Prof. GBO 6-504

§6–504.

(a)    Subject to the limitations in this subtitle, an individual may qualify for a reciprocal registration from a local jurisdiction of the State if the individual:

    (1)    is registered with another local jurisdiction of the State to provide electrical services in that local jurisdiction;

    (2)    applies for a reciprocal registration to provide the same class or type of electrical services as those permitted by the registration the individual holds in that local jurisdiction; and

    (3)    at the time of application, does not have:

        (i)    a registration of the same class or type suspended or revoked by a local jurisdiction of the State; or

        (ii)    a record of outstanding violations of the regulations of a local jurisdiction of the State.

(b)    A local jurisdiction of the State that registers individuals to provide electrical services shall waive any of the registration qualifications of the local jurisdiction for an individual who:

    (1)    (i)    is a resident of the State; or

        (ii)    meets the legal requirements of the State for establishing a principal place of business in the State;

    (2)    is registered with another local jurisdiction of the State to provide electrical services of the same class or type as those permitted by the registration for which the applicant is seeking a waiver; and

    (3)    meets the waiver requirements of subsection (c) of this section.

(c)    A local jurisdiction shall grant a waiver under this section for an applicant who is registered with another local jurisdiction only if the applicant:

    (1)    (i)    1.    qualified for the registration by passing an examination given in that local jurisdiction; and

            2.    has been registered for at least 1 year immediately before the date of application; or

        (ii)    1.    qualified for the registration other than by passing an examination in that local jurisdiction; and

            2.    has been registered for at least 2 years immediately before the date of application;

    (2)    submits a written statement from the local jurisdiction certifying:

        (i)    if a registration was earned on the basis of an examination, the date of registration; and

        (ii)    the registrant:

            1.    is in good standing with the local jurisdiction; and

            2.    has no record of outstanding violations of the regulations of the local jurisdiction;

    (3)    pays any reciprocal registration fee required by the local jurisdiction;

    (4)    if required:

        (i)    executes a bond to the local jurisdiction; or

        (ii)    submits proof of general liability insurance to the local jurisdiction; and

    (5)    complies with any other registration requirements of the local jurisdiction.

Md. Code, Bus. Occ. & Prof. GBO 6-603

§6–603.

(a)    An electrician may obtain an electrical permit or any other similar permit from a local jurisdiction, if the electrician:

    (1)    (i)    holds a State license; and

        (ii)    is actively registered locally, if required;

    (2)    shows proof of the State license;

    (3)    pays any permit fee that the local jurisdiction requires; and

    (4)    provides proof of insurance in compliance with the requirements of § 6–604 of this subtitle.

(b)    Before a local jurisdiction issues an electrical permit or similar permit to an electrician under this section, the local jurisdiction shall give the electrician notice of any local electrical requirements with which the electrician shall comply while providing electrical services in that local jurisdiction.

(c)    (1)    Except as provided in paragraph (2) of this subsection, on payment of the permit fee that the local jurisdiction requires, the local jurisdiction shall issue the appropriate permit to each applicant who meets the requirements of this section.

    (2)    A local jurisdiction may delay the issuance of an electrical permit under this subsection if, for a particular job, the local jurisdiction requires the issuance of other permits, including a building permit, before issuance of the electrical permit.

Md. Code, Bus. Occ. & Prof. GBO 6-604

§6–604.

(a)    This section does not apply to a State licensee on uninsured status.

(b)    A licensed master electrician, a person to whom a licensed master electrician assigns a local registration under this title, or another person who engages in the business of providing electrical services may not contract to provide electrical services unless the electrical work, including completed operations, of the licensed master electrician, person assigned a local registration, or person who engages in the business of providing electrical services is covered by liability insurance:

    (1)    for general liability in the amount of at least $300,000; and

    (2)    for property damage in the amount of at least $100,000.

(c)    (1)    The insurance required under this section may be bought:

        (i)    by a master electrician; or

        (ii)    for a master electrician, by a person who engages in the business of providing electrical services and employs the master electrician.

    (2)    The insurance requirement of this section is not meant to cover electrical services that a master electrician provides outside the scope of employment for the person who carries the insurance.

(d)    (1)    A licensed apprentice electrician or licensed journeyperson electrician in the employ of a licensed master electrician need not obtain separate insurance while providing or assisting in providing electrical services under the control and supervision of the licensed master electrician.

    (2)    Subject to the restrictions of § 6–311 of this title regarding uninsured status, uninsured licensees who have had their uninsured status approved by the State Board need not obtain insurance while maintaining uninsured status.

(e)    (1)    An applicant for a State license shall submit proof of the insurance required under this section to the State Board with the license application.

    (2)    The State Board may not issue a State license to an applicant to whom the insurance requirements of this section would apply unless the applicant submits proof of the insurance.

(f)    Unless an applicant meets the insurance requirements of this section, the State Board may not renew a State license of the applicant to whom the insurance requirements of this section would apply.

(g)    If the insurance required under this section is canceled, the insurer shall notify the State Board within 10 days after the date of cancellation.

(h)    If a local jurisdiction requires a master electrician or other person who engages in the business of providing electrical services to execute a bond to the local jurisdiction, the applicant may satisfy the bond requirement by submitting proof of the insurance required under this section.

(i)    The State Board shall specify on each license whether the license holder meets the insurance requirements of this section.

Md. Code, Bus. Reg. § 8-303

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

Md. Code, Bus. Reg. § 8-306

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

Md. Code, Bus. Reg. § 8-308

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

Md. Code, Bus. Reg. § 8-407

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

Md. Code, Bus. Reg. § 8-501

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

Md. Code, Bus. Reg. § 8-602

§8–602.     (a)    A person may not accept a completion certificate or other proof that performance of a home improvement contract is complete or satisfactorily concluded with knowledge that the document or proof is false and the performance is incomplete.     (b)    If a person knows or has good reason to know that a completion certificate or other proof is false, the person may not utter, offer, or use the document or proof to:         (1)    make or accept an assignment or negotiation of the right to receive payment from an owner under a home improvement contract; or         (2)    get or grant credit or a loan on the security of the right to receive payment under a home improvement contract.     (c)    A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding 3 years or both.

Md. Code, Bus. Reg. § 9A-306

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

Md. Code, Bus. Reg. § 9A-308

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

Md. Code, Bus. Reg. § 9A-309

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

Md. Code, Bus. Reg. § 9A-402

§9A–402.     (a)    A holder of a master, master restricted, or limited heating, ventilation, air-conditioning, and refrigeration license may not contract to provide services on behalf of the licensee, or another person who provides heating, ventilation, air-conditioning, or refrigeration services, unless the work of the licensee, including completed operations, is covered by:         (1)    general liability insurance in the amount of at least $300,000; and         (2)    property damage insurance in the amount of at least $100,000.     (b)    (1)    The insurance required under this section may be bought:             (i)    by a holder of a master, master restricted, or limited heating, ventilation, air-conditioning, and refrigeration license; or             (ii)    by the person who engages in the business of providing heating, ventilation, air-conditioning, or refrigeration services and employs the holder of the master, master restricted, or limited license.         (2)    The insurance requirement of this section is not meant for work that a master, master restricted, or limited license holder does outside the scope of employment for the person who carries the insurance.     (c)    (1)    A licensed apprentice, licensed journeyman, or licensed journeyman restricted in the employ of a master, master restricted, or limited licensee need not obtain separate insurance while providing or assisting in providing heating, ventilation, air-conditioning, or refrigeration services under the control and supervision of the licensee.         (2)    Subject to the restrictions of § 9A-309 of this title regarding inactive status, inactive licensees who have had their inactive status approved by the Board need not obtain insurance while maintaining inactive status.     (d)    (1)    An applicant for any license under this title shall submit proof of the insurance required under this section to the Board with the license application.         (2)    Unless the applicant submits proof of insurance, the Board may not issue any license to an applicant to whom the insurance requirements of this section apply.     (e)    Unless an applicant meets the insurance requirements of this section, the Board may not renew any license of the applicant to whom the insurance requirements of this section apply.     (f)    A holder of a master, master restricted, or limited license shall give the Board notice of the cancellation of insurance at least 10 days before the effective date of the cancellation.     (g)    If a county, municipal corporation, special taxing district, or other political subdivision requires a master, master restricted, or limited heating, ventilation, air-conditioning, and refrigeration license holder, or other person who engages in the business of providing heating, ventilation, air-conditioning, and refrigeration services, to execute a surety bond under local heating, ventilation, air-conditioning, and refrigeration requirements, the person may satisfy the bond requirement by submitting proof of the insurance required under this section.     (h)    The Board shall specify on each license whether the license holder meets the insurance requirements of this section.

Md. Code § gel-1

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Article - Election Law Next

§1–101. (a) In this article the following words have the meanings indicated unless a different meaning is clearly intended from the context. (b) “Absentee ballot” means a ballot not used in a polling place. (b–1) “Active duty” has the meaning stated in § 9–901 of the State Government Article. (b–2) “Address confidentiality program” means the Address Confidentiality Program administered by the Secretary of State under Title 7, Subtitle 3 of the State Government Article. (b–3) “Administrative policy affecting voting rights” means any action relating to voter registration, provisional voting, absentee voting, or the location of a polling place or early voting center. (c) “Authorized candidate campaign committee” means a political committee established under Title 13 of this article and authorized by a candidate to promote the candidate’s candidacy. (d) (1) “Ballot” or “official ballot” includes: (i) an absentee ballot; (ii) a provisional ballot; (iii) a document ballot; or (iv) a voting machine ballot. (2) “Ballot” or “official ballot” does not include: (i) a sample ballot; or (ii) a specimen ballot. (d–1) “Ballot drop box” means a secure, durable, and weatherproof container that is officially designated by a local board or the State Board exclusively for voters to deposit election–related materials in person, including: (1) absentee ballots; (2) absentee ballot applications; and (3) voter registration applications. (e) “Ballot face” means a single side of a sheet on which are printed some or all of the contests to be voted on by a voter. (f) “Ballot issue committee” means a political committee that is formed to promote the success or defeat of a question or prospective question to be submitted to a vote at an election. (g) “Ballot style” means a unique aggregation of contests that make up the ballot for a particular group of voters identified by common characteristics of residence location, party affiliation, or both. (h) “Campaign finance entity” means a political committee established under Title 13 of this article. (i) “Campaign finance report” means a report, statement, affidavit, or other document that is: (1) authorized or required under this article; (2) related to the campaign finance activities of a campaign finance entity or to expenses associated with a legislative newsletter; and (3) filed or submitted on a form prescribed by the State Board under this article. (j) “Campaign manager” means a person designated by a candidate, or the candidate’s representative, to exercise general overall responsibility for the conduct of the candidate’s political campaign. (k) (1) “Campaign material” means any material that: (i) contains text, graphics, or other images; (ii) relates to a candidate, a prospective candidate, or the approval or rejection of a question or prospective question; and (iii) is published, distributed, or disseminated. (2) “Campaign material” includes: (i) a qualifying paid digital communication; (ii) any other material transmitted by or appearing on the Internet or other electronic medium; (iii) an oral commercial campaign advertisement; and (iv) an automated or prerecorded oral communication. (l) (1) “Candidate” means an individual who files a certificate of candidacy for a public or party office. (2) “Candidate” includes: (i) an incumbent justice of the Supreme Court of Maryland or Appellate Court of Maryland at an election for continuance in office; and (ii) an individual, prior to that individual filing a certificate of candidacy, if a campaign finance entity has been established on behalf of that individual. (l–1) (1) “Central committee” means a political committee for a political party established under Title 4 of this article. (2) “Central committee” includes a political committee for a political party that engages in campaign finance activity that is subject to Title 13 of this article. (m) (1) “Contest” means: (i) the aggregate of candidates who run against each other or among themselves for nomination for, or election to, an office or multiple offices of the same category; or (ii) the positive and negative voting options for a question submitted to the voters. (2) “Contest” includes, in a general election for an office, the write–in option. (n) “Continuing political committee” means a political committee that is permitted to continue in existence from year to year. (o) (1) “Contribution” means the gift or transfer, or promise of gift or transfer, of money or other thing of value to a campaign finance entity to: (i) promote or assist in the promotion of the success or defeat of a candidate, political party, question, or prospective question; and (ii) assist in the payment of expenses associated with contesting an election under Title 12 of this article. (2) “Contribution” includes: (i) proceeds from the sale of tickets to a campaign fund–raising event; and (ii) a coordinated expenditure as defined in § 13–249 of this article. (3) “Contribution” does not include the costs associated with the establishment, administration, or solicitation of voluntary contributions to a political action committee established by a corporation, limited liability company, general partnership, limited partnership, membership organization, trade association, cooperative, or corporation without capital stock as long as the political action committee only solicits contributions from employees of the organization that established the political action committee, or members of the organization that established the political action committee, and the employees or members are participating in a payroll deduction program established by the employer of the employee or member. (p) “County” means a county of the State or Baltimore City. (q) “Disabled” means having a temporary or permanent physical disability. (r) (1) “Distributor” means a person engaged for profit in the distribution of campaign material by hand delivery or direct mail. (2) “Distributor” does not include salaried employees, agents, or volunteers of the person. (s) (1) “Document ballot” means a ballot used with a voting system in which the voter individually is issued a ballot on which to indicate one or more votes. (2) “Document ballot” includes: (i) a machine–read ballot, such as an optically scanned ballot; and (ii) a hand–counted paper ballot. (t) “Driver’s license” includes an identification card issued by the Motor Vehicle Administration. (u) “Elderly” means 65 years of age or older. (v) (1) “Election” means the process by which voters cast votes on one or more contests under the laws of this State or the United States. (2) “Election” includes, unless otherwise specifically provided in this article, all general elections, primary elections, and special elections. (3) “Election” does not include, unless otherwise specifically provided in this article, a municipal election other than in Baltimore City. (w) “Election cycle” means the period that begins on the January 1 that follows a gubernatorial election and continues until the December 31 that is 4 years later. (x) “Election register” means the list of voters eligible to vote: (1) in a precinct on election day; or (2) in a county early voting center during early voting. (y) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. (z) “Electronic storage format” means a computer disk or other information storage and retrieval medium approved by the State Board. (aa) “Expenditure” means a gift, transfer, disbursement, or promise of money or a thing of value by or on behalf of a campaign finance entity to: (1) promote or assist in the promotion of the success or defeat of a candidate, political party, question, or prospective question at an election; (2) pay expenses associated with contesting an election under Title 12 of this article; or (3) pay for the publication expense of a legislative newsletter under Title 13, Subtitle 4 of this article. (aa–1) “Historically disenfranchised communities” means racial, ethnic, or socioeconomic groups that have historically been subject to voter suppression efforts. (bb) (1) “Independent expenditure” means a gift, transfer, disbursement, or promise of money or a thing of value by a person expressly advocating the success or defeat of a clearly identified candidate or ballot issue if the gift, transfer, disbursement, or promise of money or a thing of value is not made in coordination, cooperation, consultation, understanding, agreement, or concert with, or at the request or suggestion of, a candidate, a campaign finance entity of a candidate, an agent of a candidate, or a ballot issue committee. (2) For purposes of this subsection, “clearly identified” means: (i) the name of the candidate appears; (ii) a photograph or drawing of the candidate appears; or (iii) the identity of the candidate or ballot issue is apparent by unambiguous reference. (bb–1) “Institution of higher education” has the meaning stated in § 10–101 of the Education Article. (bb–2) “Legislative party caucus committee” means a political committee that is established to promote the election of candidates of a single political party to one of the two Houses of the General Assembly. (cc) “Local board” means a county board of elections. (dd) “Majority party” means the political party to which the incumbent Governor belongs, if the incumbent Governor is a member of a principal political party. If the incumbent Governor is not a member of one of the two principal political parties, “majority party” means the principal political party whose candidate for Governor received the highest number of votes of any party candidate at the last preceding general election. (dd–1) “Online platform” means any public–facing website, web application, or digital application, including a social network, ad network, or search engine, that: (1) has 100,000 or more unique monthly United States visitors or users for a majority of months during the immediately preceding 12 months; and (2) receives payment for qualifying paid digital communications. (ee) “Partisan organization” means a combination of two or more individuals formed for the purpose of organizing a new political party. (ff) “Political action committee” means a political committee that is not: (1) a political party; (2) a central committee; (3) a slate; (4) a legislative party caucus committee; (5) an authorized candidate campaign committee; or (6) a ballot issue committee. (gg) “Political committee” means a combination of two or more individuals that has as its major purpose promoting the success or defeat of a candidate, political party, question, or prospective question submitted to a vote at any election. (hh) “Political party” means an organized group that is qualified as a political party in accordance with Title 4 of this article. (hh–1) “Polling place” means a physical space inside a building where in–person voting is conducted on election day. (ii) “Precinct” includes: (1) an election district in a county that is not divided into precincts; (2) an election precinct in an election district that is divided into precincts; or (3) a precinct in a ward of the City of Baltimore. (ii–1) “Precinct polling place” means a polling place designated to serve a precinct. (jj) “Principal minority party” means the principal political party whose candidate for Governor received the second highest number of votes of any party candidate at the last preceding general election. (kk) “Principal political parties” means the majority party and the principal minority party. (ll) “Provisional ballot” means a ballot that is cast by an individual but not counted until the individual’s qualifications to vote have been confirmed by the local board. (ll–1) “Qualifying paid digital communication” means any electronic communication that: (1) is campaign material; (2) is placed or promoted for a fee on an online platform; (3) is disseminated to 500 or more individuals; and (4) does not propose a commercial transaction. (mm) “Responsible officers” means the chairman and treasurer of a political committee. (nn) “Sample ballot” means a facsimile of a ballot used for informational purposes by a person or entity other than a local board. (oo) “Slate” means a political committee of two or more candidates who join together to conduct and pay for joint campaign activities. (pp) “Specimen ballot” means a facsimile of a ballot used by a local board to provide notice to registered voters of the contents of the ballot. (qq) “State Administrator” means the State Administrator of Elections. (rr) “State Board” means the State Board of Elections. (ss) “Transfer” means a monetary contribution that is made by one campaign finance entity to another campaign finance entity, other than one made by or to a political club. (tt) “Treasurer” means an individual appointed in accordance with Title 13, Subtitle 2 of this article. (tt–1) “Uniformed services” has the meaning stated in § 9–901 of the State Government Article. (uu) “Vote” means to cast a ballot that is counted. (vv) “Voting machine” includes: (1) a mechanical lever machine; and (2) a direct recording electronic voting device. (ww) “Voting machine ballot” means a ballot posted on or in the voting machine and referred to by the voter to indicate the voting locations for each contest. (xx) “Voting system” means a method of casting and tabulating ballots or votes. (yy) “Write–in candidate” means an individual whose name will not appear on the ballot but who files a certificate of candidacy in accordance with § 5–303 of this article. (zz) “Write–in vote” means a vote cast, in a contest at a general election, for an individual whose name is not on the ballot for that contest.Next

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Article - Environment PreviousNext

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

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Article - General Provisions PreviousNext

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

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Article - Health - General PreviousNext

§6–101. (a) In this title, “domestic partnership” means a relationship between two individuals who: (1) Are at least 18 years old; (2) Are not related to each other by blood or marriage within four degrees of consanguinity under civil law rule; (3) Are not married or in a civil union or domestic partnership with another individual; and (4) Agree to be in a relationship of mutual interdependence in which each individual contributes to the maintenance and support of the other individual and the relationship, even if both individuals are not required to contribute equally to the relationship. (b) An individual who asserts a domestic partnership under subsection (a) of this section may be required to provide: (1) An affidavit signed under penalty of perjury by two individuals stating that they have established a domestic partnership; and (2) Proof of any two of the following documents: (i) Joint liability of the individuals for a mortgage, lease, or loan; (ii) The designation of one of the individuals as the primary beneficiary under a life insurance policy on the life of the other individual or under a retirement plan of the other individual; (iii) The designation of one of the individuals as the primary beneficiary of the will of the other individual; (iv) A durable power of attorney for health care or financial management granted by one of the individuals to the other individual; (v) Joint ownership or lease by the individuals of a motor vehicle; (vi) A joint checking account, joint investments, or a joint credit account; (vii) A joint renter’s or homeowner’s insurance policy; (viii) Coverage on a health insurance policy; (ix) Joint responsibility for child care, such as guardianship or school documents; or (x) A relationship or cohabitation contract.PreviousNext

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Article - Transportation PreviousNext

§7–101. (a) In this title the following words have the meanings indicated. (b) “Administration” means the Maryland Transit Administration. (c) “Administrator” means the Maryland Transit Administrator. (d) “Disparate impact” means a facially neutral policy or practice that disproportionately affects members of a group identified by race, color, disability, or national origin, where the recipient’s policy or practice lacks a substantial legitimate justification and where there exist one or more alternatives that would serve the same legitimate objectives but with less disproportionate effect on the basis of race, color, disability, or national origin. (e) “Disproportionate burden” means a facially neutral policy or practice that disproportionately affects low–income populations more than non–low–income populations and, on a finding of disproportionate burden, requires the recipient to evaluate alternatives and mitigate burdens where practicable. (f) “District” means: (1) The Metropolitan Transit District, consisting of Baltimore City, Baltimore County, Anne Arundel County, and other areas as designated by the Secretary after consultation and coordination with the affected jurisdiction and subject to the provisions of the Washington Metropolitan Transit Authority Compact; and (2) Any area in which railroad service is performed under contract with the Administration or in which railroad facilities are owned by the Administration. (g) “Excursion train” means any special event train sponsored or contracted for in connection with the promotion of a public event benefiting the State and its citizens. (h) “Light rail transit” means rail transit which is electrically powered and can operate in mixed traffic with automobiles. (i) “Private carrier” means any person that renders transit service within the District under an operating permit or license issued by an agency of this State exercising regulatory jurisdiction over transportation of passengers within this State and over persons engaged in that business. (j) “Proof of fare payment” means evidence of fare prepayment authorized by the Administration for the use of transit service. (k) “Railroad company” means any entity engaged in the providing of railroad service under this title. (l) (1) “Railroad facility” means any facility used in providing railroad services, and includes any one or more or combination of: (i) Switches, spurs, tracks, structures, terminals, yards, real property, and other facilities useful or designed for use in connection with the transportation of persons or goods by rail; and (ii) All other appurtenances, including locomotives, cars, vehicles, and other instrumentalities of shipment or carriage, useful or designed for use in connection with the transportation of persons or goods by rail. (2) “Railroad facility” does not include any transit facility. (m) “Railroad service” means any service utilizing rail or railroad facilities performed by any common carrier operating under the jurisdiction of the State or federal government as a common carrier and includes any such service performed by the National Railroad Passenger Corporation. (n) (1) “Transit corridor” means a geographically bound set of two or more contiguous subway, light rail, bus rapid transit, or bus transit stations. (2) “Transit corridor” includes a geographically bound set of two or more contiguous bus transit stations that have fixed–route bus service that operates on a roadway dedicated to buses. (o) “Transit facility” includes any one or more or combination of tracks, rights–of–way, bridges, tunnels, subways, rolling stock, stations, terminals, ports, parking areas, equipment, fixtures, buildings, structures, other real or personal property, and services incidental to or useful or designed for use in connection with the rendering of transit service by any means, including rail, bus, motor vehicle, or other mode of transportation, but does not include any railroad facility. (p) “Transit–oriented development” means a mix of private or public parking facilities, commercial and residential structures, and uses, improvements, and facilities customarily appurtenant to such facilities and uses, that: (1) Is part of a deliberate development plan or strategy involving: (i) Property that is adjacent to the passenger boarding and alighting location of a planned or existing transit station; (ii) Property, any part of which is located within one–half mile of the passenger boarding and alighting location of a planned or existing transit station; or (iii) Property that is adjacent to a planned or existing transit corridor; (2) Is planned to maximize the use of transit, walking, and bicycling by residents and employees; and (3) Is designated as a transit–oriented development by: (i) The Sustainable Growth Subcabinet established under § 9–1406 of the State Government Article; and (ii) The local government or multicounty agency with land use and planning responsibility for the relevant area applying for designation. (q) (1) “Transit service” means the transportation of persons and their packages and baggage and of newspapers, express, and mail in regular route, special, or charter service by means of transit facilities between points within the District. (2) “Transit service” does not include any: (i) Vanpool operation; or (ii) Railroad service. (r) (1) “Transit station” means any facility, the primary function of which relates to the boarding and alighting of passengers from transit vehicles. (2) “Transit station” includes platforms, shelters, passenger waiting facilities, parking areas, access roadways, and other real property used to facilitate passenger access to transit service or railroad service. (s) “Transit vehicle” means a mobile device used in rendering transit service.PreviousNext

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