Maryland Transportation Section 15-212

      (a)      In this section, "motor home" means a motor vehicle that:

            (1)      Is designed to provide temporary living quarters, built into as an integral part of, or permanently attached to, a self-propelled motor vehicle chassis or van; and

            (2)      Contains permanently installed independent life support systems which provide at least four of the following facilities:

                  (i)      Cooking;

                  (ii)      Refrigeration or ice box;

                  (iii)      Self-contained toilet;

                  (iv)      Heating, air-conditioning, or both;

                  (v)      A potable water supply system including a faucet and sink;

                  (vi)      Separate 110-125 volt electrical power supply; or

                  (vii)      An LP gas supply.

      (b)      In addition to the other grounds specified in Subtitle 1 of this title for refusal, suspension, or revocation of a license, the Administration may refuse to grant a license under this subtitle to any person and may suspend, revoke, or refuse to renew the license of any person if it finds that the person has:

            (1)      Made any material misrepresentation in transferring a vehicle or truck component part to a dealer or distributor;

            (2)      Failed to comply with any written warranty agreement; or

            (3)      Failed to reasonably compensate any franchised dealer who does work under:

                  (i)      The vehicle preparation and delivery obligations of the dealer; or

                  (ii)      Any outstanding express or implied new vehicle or truck component parts warranty.

      (c)      (1)      The following factors, as they exist in the city or community in which the dealer is doing business, shall be included among those considered in determining under subsection (b)(3) of this section whether a dealer has been reasonably compensated:

                  (i)      The compensation being paid by other licensees to their dealers;

                  (ii)      The prevailing wage rate being paid by these dealers; and

                  (iii)      The prevailing labor rate being charged by these dealers.

            (2)      Notwithstanding paragraph (1) of this subsection and except as provided in paragraph (3) of this subsection, a licensee may not compensate its dealers for work performed under any warranty under subsection (b)(3)(ii) of this section in an amount that is less than the average amount charged by the dealer to retail customers for nonwarranty work of like kind during the preceding 12 months as long as this amount is reasonable.

            (3)      The provisions of paragraph (2) of this subsection do not apply to travel trailers or parts of systems, fixtures, appliances, furnishings, accessories, and features of motor homes that are not manufactured by the manufacturer of the motor home as a part of the unit.

            (4)      (i)      A claim filed under this section by a dealer with a manufacturer or distributor shall be:

                        1.      In the manner and form prescribed by the manufacturer or distributor; and

                        2.      Approved or disapproved within 30 days of receipt.

                  (ii)      A claim not approved or disapproved within 30 days of receipt shall be deemed approved.

                  (iii)      Payment of or credit issued on a claim filed under this section shall be made within 30 days of approval.

            (5)      A dealer's failure to comply with the specific requirements of the manufacturer or distributor for processing a claim may not constitute grounds for denial of the claim or reduction of the amount of compensation paid to the dealer if the dealer presents reasonable documentation or other evidence to substantiate the claim.

            (6)      (i)      If a claim filed under this section is shown by the manufacturer or distributor to be false or unsubstantiated, the manufacturer or distributor may charge back the claim within 9 months from the date the claim was paid or credit issued.

                  (ii)      This paragraph does not limit the right of a manufacturer or distributor to:

                        1.      Conduct an audit of any claim filed under this section; or

                        2.      Charge back for any claim that is proven to be fraudulent.

                  (iii)      An audit under this paragraph shall be conducted according to generally accepted accounting principles.

      (d)      As to any person licensed under this subtitle, instead of or in addition to revocation, suspension, or nonrenewal of a license under this section, the Administrator:

            (1)      May order the licensee to pay a fine not exceeding $50,000 for each violation of this subtitle; and

            (2)      May order the licensee to compensate any person for financial injury or other damage suffered as a result of the violation.