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