2013 Maryland Code
BUSINESS OCCUPATIONS AND PROFESSIONS
§ 16-701 - Grounds for denials, reprimands, suspensions, revocations, and penalties -- Real estate appraisers

§16-701.

(a) (1) Subject to the hearing provisions of § 16-602 of this title, the Commission may deny a real estate appraisal license to any applicant, deny a certificate to any applicant, reprimand any real estate appraiser licensee, reprimand any certificate holder, or suspend or revoke a real estate appraisal license or certificate if the real estate appraisal applicant, license holder, or certificate holder:

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

(ii) fraudulently or deceptively uses a license or certificate;

(iii) commits an act or makes an omission in the provision of real estate appraisal services or certified real estate appraisal services that is an act of dishonesty, fraud, or misrepresentation if the applicant, licensee, or certificate holder intends:

1. to benefit substantially the applicant, licensee, certificate holder, or another person; or

2. to injure substantially another person;

(iv) is held civilly or criminally liable for deceit, fraud, or misrepresentation in the provision of real estate appraisal services or certified real estate appraisal services;

(v) under the laws of the United States or of any state, is convicted of:

1. a felony; or

2. a misdemeanor that is directly related to the fitness and qualification of the applicant, licensee, or certificate holder to provide real estate appraisal services;

(vi) pays a finder’s fee or a referral fee to a person who lacks a license;

(vii) makes a false or misleading statement in:

1. the part of a written appraisal report about professional qualifications; or

2. testimony about professional qualifications;

(viii) violates the confidential nature of governmental records to which a licensee or certificate holder gained access in the provision of real estate appraisal services or certified real estate services;

(ix) accepts a fee for providing an independent appraisal service in violation of this title;

(x) fails to exercise reasonable diligence to develop, prepare, or communicate an appraisal;

(xi) is negligent or incompetent in developing, preparing, or communicating an appraisal;

(xii) violates any other provision of this title; or

(xiii) violates any regulation adopted under this title.

(2) (i) Instead of or in addition to reprimanding a licensee or a certificate holder or suspending or revoking a license or a certificate under this subsection, the Commission may impose a penalty not exceeding $5,000 for each violation.

(ii) To determine the amount of the penalty imposed, the Commission shall consider:

1. the seriousness of the violation;

2. the harm caused by the violation;

3. the good faith of the licensee; and

4. any history of previous violations by the licensee.

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

(b) The Commission shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or certificate or the reprimand of a licensee or certificate holder when an applicant, certificate holder, or licensee is convicted of a felony or a misdemeanor described in subsection (a)(1)(v) of this section:

(1) the nature of the crime;

(2) the relationship of the crime to the activities authorized by the license or certificate;

(3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant, licensee, or certificate holder to provide real estate appraisal services;

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

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

§ 16-701 - 1. Grounds for denials, reprimands, suspensions, revocations, and penalties -- Home inspector

(a) In general. -- Subject to the hearing provisions of § 16-602 of this title, the Commission may deny a home inspector license to any applicant, reprimand any home inspector licensee, or suspend or revoke a home inspector license if the applicant or licensee:

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

(2) fraudulently or deceptively uses a license;

(3) engages in conduct that demonstrates bad faith, incompetency, negligence or untrustworthiness, or that constitutes dishonest, fraudulent, or improper dealings;

(4) under the laws of the United States or of any state, is convicted of:

(i) a felony; or

(ii) a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to provide home inspection services;

(5) fails to maintain the insurance required under § 16-4A-04 of this title;

(6) violates any provision of this title;

(7) violates any regulation adopted under this title; or

(8) aids, abets, or assists any person in violating any provision of this title or any regulation adopted under this title.

(b) Penalty. --

(1) Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this section, the Commission may impose a penalty not exceeding $ 5,000 for each violation.

(2) To determine the amount of the penalty imposed, the Commission shall consider:

(i) the seriousness of the violation;

(ii) the harm caused by the violation;

(iii) the good faith of the licensee; and

(iv) any history of previous violations by the licensee.

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

(c) Facts to be considered. -- 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 a misdemeanor described in subsection (a)(4) 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 inspection 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.

§ 16-701 - 2. Grounds for denials, reprimands, suspensions, revocations, and penalties -- Appraisal management companies

(a) In general. -- Subject to the hearing provisions of § 16-602 of this title, the Commission may deny registration to any applicant for registration as an appraisal management company, reprimand any registered appraisal management company, or suspend or revoke the registration of an appraisal management company if the applicant or registrant:

(1) fraudulently or deceptively obtains or attempts to obtain registration for the applicant or registrant or for another;

(2) fraudulently or deceptively uses a registration;

(3) under the laws of the United States or any state is convicted of:

(i) a felony; or

(ii) a misdemeanor that is directly related to the fitness and qualifications of the registrant to provide appraisal management services;

(4) violates or attempts to violate any provision of this title;

(5) violates or attempts to violate any regulation adopted under this title; or

(6) violates § 14-127 of the Real Property Article.

(b) Penalty. --

(1) Instead of or in addition to reprimanding a registrant or suspending or revoking a registration under this section, the Commission may impose a penalty not exceeding $ 25,000 for each violation.

(2) To determine the amount of the penalty imposed, the Commission shall consider:

(i) the seriousness of the violation;

(ii) the harm caused by the violation;

(iii) the good faith of the registrant; and

(iv) any history of previous violations by the registrant.

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

(c) Facts to be considered. -- The Commission shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a registration or the reprimand of a registrant when an applicant or registrant is convicted of a felony or a misdemeanor described in subsection (a)(3) of this section:

(1) the nature of the crime;

(2) the relationship of the crime to the activities authorized by the registration;

(3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or registrant to provide appraisal management services;

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

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