(a) Subject to the hearing provisions of § 8-312 of this subtitle, the Commission may deny a license to an applicant, reprimand a licensee, or suspend or revoke a license if the applicant or licensee or the management personnel of the applicant or licensee:
(1) fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another person;
(2) fraudulently or deceptively uses a license;
(3) fails to give the Commission information required by this subtitle about an application for a license;
(4) fails to pass an examination required by this subtitle;
(5) under the laws of the United States or of any state, is convicted of a:
(i) felony; or
(ii) misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to engage in home improvement services;
(6) often fails to perform home improvement contracts;
(7) falsifies an account;
(8) engages in fraud;
(9) as a contractor fails to show financial solvency, based on the intended scope and size of the business in relation to total assets, liabilities, credit rating, and net worth;
(10) as a contractor lacks competence, as shown by the performance of an unworkmanlike, inadequate, or incomplete home improvement;
(11) violates this title;
(12) attempts to violate this title;
(13) violates a regulation adopted under this title; or
(14) in the Chesapeake and Atlantic Coastal Bays Critical Area, as defined under § 8-1802 of the Natural Resources Article, fails to comply with:
(i) the terms of a State or local permit, license, or approval issued for home improvement; or
(ii) any State or local law, an approved plan, or other legal requirement.
(b) Subject to the hearing provisions of § 8-312 of this subtitle, the Commission may reprimand a contractor or suspend or revoke the license of a contractor for a violation of this title by an agent, director, employee, manager, officer, partner, or salesperson of the contractor, unless the Commission finds that the contractor or management personnel of the contractor:
(1) had no knowledge of the wrongful conduct; or
(2) could not prevent the violation.
(c) Instead of or in addition to reprimanding a licensee or suspending or revoking a license, the Commission may impose a civil penalty under § 8-620 of this title.
(d) The Commission shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(5) of this section:
(1) the nature of the crime;
(2) the relationship of the crime to the activities authorized by the license;
(3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to provide home improvement services;
(4) the length of time since the conviction; and
(5) the behavior and activities of the applicant or licensee before and after the conviction.
Credits
Added by Acts 1992, c. 4, § 2. Amended by Acts 1994, c. 10, § 1, eff. Oct. 1, 1994; Acts 1995, c. 4, § 1, eff. March 7, 1995; Acts 1998, c. 342, § 1, eff. July 1, 1998. Amended by Acts 2008, c. 119, § 1, eff. July 1, 2008; Acts 2016, c. 370, § 1, eff. July 1, 2016.
Formerly Art. 56, §§ 258, 260, 261.
MD Code, Business Regulation, § 8-311, MD BUS REG § 8-311
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
