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09.08.01.00.htm 09.08.01.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 08 HOME IMPROVEMENT COMMISSION Chapter 01 General Regulations Authority: Business Regulation Article, §8-207(a) 8-212(a)1) and (2) 8-309, 8-311(a)11)13) 8-501(c)1)ix) and 8-616, Annotated Code of Maryland
09.08.01.01.htm 09.08.01.01. 01 Definitions.. The definitions contained in Business Regulation Article, §8-101, Annotated Code of Maryland, are incorporated into these regulations, by reference, as Regulation .01.
09.08.01.02.htm 09.08.01.02. 02 Definition of Canvasser, Solicitor.. The definitions of canvasser, solicitor, or similar term will be considered the same as the definition for a salesman; those persons using these terms will be subject to licensing and the requirements of the Maryland Home Improvement Law.
09.08.01.03.htm 09.08.01.03. 03 Licenses for Contractors and Salesmen.. All contractors and salesmen required to be licensed shall have licenses on and after October 1, 1962.
09.08.01.04.htm 09.08.01.04. 04 Corporate or Partnership Licensure.. A. A corporation or partnership may not act as a home improvement contractor unless it obtains a corporate or partnership home improvement contractor's license.B. In order to obtain and maintain a corporate or partnership home improvement license, the corporation or partnership shall employ one individual licensed contractor who shall be in responsible charge of the corporation's or partnership's home improvement work.C. The corporation or par
09.08.01.05.htm 09.08.01.05. 05 Issue of Salesman's License under Legal Name.. A salesman's license will be issued only in the legal name of the applicant for the license..
09.08.01.06.htm 09.08.01.06. 06 License Numbers on Vehicles.. A. Licensed contractors and subcontractors shall conspicuously display their home improvement license number preceded by the designation "MHIC # on both sides of all vehicles primarily used either by the licensee or under the licensee's direction and control for the performance of home improvement work.B. For purposes of this regulation, performance of home improvement work:.
09.08.01.07.htm 09.08.01.07. 07 Salesman's Representation of Contractors.. A. A salesman may not represent any contractor unless the salesman complies with the provisions of this regulation.B. A salesman seeking to represent any contractor shall make application on forms provided by the Commission.C. A salesman may not represent more than two contractors at any one time.. D. Before the Commission may authorize a salesman to represent two contractors at the same time, the salesman shall provide t
09.08.01.08.htm 09.08.01.08. 08 Duty of Prime Contractor on Home Improvement Contract.. In the performance of any Home Improvement Contract it shall be the non-delegable duty and obligation of the prime contractor to secure, or see to the securing of, every permit, license, or special exception necessary to the proper completion of the contract according to applicable state or local building laws.
09.08.01.09.htm 09.08.01.09. 09 Advertising.. A. General Requirements.. 1) A licensed home improvement contractor may not solicit home improvement business by way of advertisement in a newspaper, magazine, circular, or printed document, or by way of television or radio announcement, unless the name and license number of the contractor are stated in the advertisement.2) A licensee may not directly or indirectly publish any advertisement relating to home improvements, including finance or cr
09.08.01.10.htm 09.08.01.10. 10 Model Home Offers and Referral Offers.. A licensee may not promise to any owner that the owner's building will be used as a "model home, "advertising job, or for other similar purposes, when the licensee also will:A. Pay a commission or other compensation to the owner for any sale made within any specified distance from the owner's building; orB. Consequently reduce the cost for the owner of any home improvement work..
09.08.01.11.htm 09.08.01.11. 11 Notice of Change of Licensing Information.. Licensees shall notify the Commission, in writing, within 10 days, of any change of control in ownership or management, or a change of address or trade name of the licensee. This notice shall be sent to the Executive Director of the Commission by certified mail, return receipt requested.
09.08.01.12.htm 09.08.01.12. 12 Duty of Prime Contractor to Pay Subcontractors and Workmen.. In the performance of any home improvement contract, it shall be the nondelegable duty and obligation of the prime contractor to pay the subcontractors and workmen and materialmen so as to avoid the subjection of the property of the owner to mechanics' liens and materialmen's liens.
09.08.01.13.htm 09.08.01.13. 13 Time Limitations for Filing Complaints.. The Commission may summarily dismiss any complaint brought against a licensee after 3 years from the date of the home improvement contract for the work from which the complaint arises, unless the Commission finds that the complainant's delay in bringing the complaint was justified and that the delay does not result in an undue burden for the licensee.
09.08.01.14.htm 09.08.01.14. 14 Application for Licensure as Home Improvement Contractor.. An application for licensure as a home improvement contractor, whether it is in the name of an individual, partnership, proprietorship, or corporation, may not be accepted, if the name under which the licensee will be trading is the same as the name being used by an existing licensee, or is so similar to the name being used by an existing licensee that it will cause confusion on the part of the public at large. This regul
09.08.01.15.htm 09.08.01.15. 15 Contracts Subject to Approval of Licensee.. A. Every home improvement contract which contains a stipulation or condition or which is represented to be that the contract is subject to the approval of the contractor before it becomes binding or any other language requiring prior approval before acceptance shall state that approval or disapproval of the contract shall be made within 10 working days from the date of the contract. The owner shall be duly informed, in wr
09.08.01.16.htm 09.08.01.16. 16 Examination.. A. The examination shall be held as often as necessary at a test site determined by the Commission. This examination may be offered at various political subdivisions throughout the State. The examination shall include the law relating to the practice of home improvement contracting and the applicant's competence to perform home improvement work. The examination for competence may be oral or written.B. Each applicant shall file with the Commission a
09.08.01.17.htm 09.08.01.17. 17 Repealed..
09.08.01.18.htm 09.08.01.18. 18 License Renewals.. A. Applications Within 2 Years of License Expiration.. 1) An application for a license previously issued which is received within 2 years from the date of the previously issued license's expiration shall be presumed to be an application for a renewal of that license.2) Upon a showing of good cause by the applicant, an application described in §A(1) of this regulation may be considered an application for a new license.
09.08.01.19.htm 09.08.01.19. 19 Credit Reports.. A. An applicant for an original contractor's license shall submit to the Commission with the application a credit report from an approved credit reporting agency and a statement of all outstanding judgments against the applicant.B. The Commission shall consider this credit report and statement in determining whether the applicant has demonstrated financial solvency as required by Business Regulation Article, § 8-311(a)9) Annotated Code of Maryland.
09.08.01.20.htm 09.08.01.20. 20 Interest on Guaranty Fund Repayments.. A contractor required to repay the Guaranty Fund pursuant to Business Regulation Article, § 8-410(c) Annotated Code of Maryland, shall repay the amount paid from the Fund on the contractor's account plus interest at the rate of 10 percent per annum simple interest.
09.08.01.21.htm 09.08.01.21. 21 Television Antenna Installation.. A. As used in this regulation, "television antenna" means a device used to receive television signals from terrestrial over-the-air-broadcasts or satellites for use in a building used or designed to be used as a residence or dwelling place of one, two, or three single family units.B. The installation of a television antenna may not be subject to the Maryland Home Improvement Law if all of the following criteria are met:1) The party requesting t
09.08.01.22.htm 09.08.01.22. 22 Outstanding Obligations.. Under Business Regulation Article, § 8-306(d)1) Annotated Code of Maryland, an applicant's outstanding obligation is considered a financial obligation arising out of the applicant's conviction for violation of Business Regulation Article, § 8-601, Annotated Code of Maryland.
09.08.01.23.htm 09.08.01.23. 23 Experience or Education Requirement.. A. Trade Experience.. 1) An applicant for a home improvement contractor's license shall have at least 2 years of trade experience.2) "Trade experience" includes one or more of the following:. a) Participation in a registered apprenticeship program;. b) Employment in performing home improvements;. c) Employment in performing commercial or residential construction, repairs, or renovations;.
09.08.01.24.htm 09.08.01.24. 24 Street Address Required.. A. This regulation applies to all applications, both original and renewal, received after April 30, 1994.B. An applicant for a contractor license shall provide to the Commission the actual street address of the contractor's principal business office. An applicant may not provide a post office box or private mail drop as the applicant's business address of record.
09.08.01.25.htm 09.08.01.25. 25 Arbitration Clause.. A. A mandatory arbitration clause in a home improvement contract shall include the following information:1) The name of the person or organization that will conduct the arbitration;. 2) Whether any mandatory fees will be charged to the parties for participation in the arbitration and include the fee schedule;3) Whether the arbitrator's findings are binding; and. 4) A disclosure that, under Business Regulation Article, §8-405(c) Annotate
09.08.01.26.htm 09.08.01.26. 26 Required Notice in Contracts.. A. A home improvement contract shall contain a notice stating that:. 1) Formal mediation of disputes between homeowners and contractors is available through the Maryland Home Improvement Commission;2) The Maryland Home Improvement Commission administers the Guaranty Fund, which may compensate homeowners for certain actual losses caused by acts or omissions of licensed contractors; and3) A homeowner may request that a contractor purch
09.08.01.27.htm 09.08.01.27. 27 Failure to Respond.. A. If an applicant or licensee receives from the Commission a written communication requesting a response, the applicant or licensee shall respond within 30 days of the date of the mailing.B. The Commission shall send a written communication by first-class mail to the last business address furnished to the Commission by the applicant or licensee.C. It is a responsibility of an applicant or licensee to notify the Commission in writing if there h
09.08.01.9999.htm 09.08.01. Administrative History Effective date:. Regulation .04 repealed and new Regulation adopted effective May 19, 1986 (13:10 Md. R. 1154). Regulation .06 repealed effective December 1, 1986 (13:24 Md. R. 2557). Regulations .07 and .20 amended effective January 16, 1984 (11:1 Md. R. 42). Regulations .23 and .24 amended effective November 19, 1984 (11:23 Md. R. 1991). Regulation .31 amended effective August 25, 1978 (5:17 Md. R. 1328).
09.08.02.00.htm 09.08.02.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 08 HOME IMPROVEMENT COMMISSION Chapter 02 Procedural Regulations Authority: Business Regulation Article, §8-207, Annotated Code of Maryland
09.08.02.01.htm 09.08.02.01. 01 Contested Case Hearings.. A. All contested case hearings before the Commission shall be governed by COMAR 09.01.02.. B. All contested case hearings delegated to the Office of Administrative Hearings shall be governed by COMAR 09.01.03.
09.08.02.9999.htm 09.08.02.9999. Administrative History Effective date: July 7, 1976 (3:14 Md. R. 746). Regulation .06 amended effective August 26, 1985 (12:17 Md. R. 1703. Regulations .14 and .15 adopted effective August 26, 1985 (12:17 Md. R. 1703). Regulations .01―15 repealed and new Regulation .01 adopted effective August 18, 2003 (30:16 Md. R. 1075)
09.08.03.00.htm 09.08.03.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 08 HOME IMPROVEMENT COMMISSION Chapter 03 Claims Against the Home Improvement Guaranty Fund Authority: Business Regulation Article, §8-207 and 8-405, Annotated Code of Maryland
09.08.03.01.htm 09.08.03.01. 01 Scope.. This chapter shall apply to all claims arising from transactions or events occurring on or after July 1, 1988.
09.08.03.02.htm 09.08.03.02. 02 Processing of Claims.. A. Filing of Claims. A claimant who seeks compensation from the Home Improvement Guaranty Fund (Fund" shall file a claim with the Commission on a claim form prepared by the Commission. This claim form shall contain at a minimum:1) The amount claimed based on actual loss;. 2) The facts and circumstances giving rise to the claim; and. 3) An affirmation by the claimant that all statements in the claim are true.. B. Contractor's Response..
09.08.03.03.htm 09.08.03.03. 03 Adjudication of Claims.. A. Claim Hearings.. 1) Parties.. a) The claimant who brought the claim, and the contractor alleged to be responsible for the monetary loss of the claimant, shall be parties in all claim hearings.b) Assistant Attorneys General. Assistant attorneys general assigned to either represent the Fund on a claim, or present regulatory charges, shall participate as a party in the hearing and receive all appropriate notices.c) The same assistant att
09.08.03.9999.htm 09.08.03.9999. Administrative History Effective date:. Regulations .01―05, Bonding, adopted as an emergency provision effective June 1, 1979 (6:14 Md. R. 1200) adopted permanently effective November 16, 1979 (6:23 Md. R. 1839)Chapter revised effective July 5, 1982 (9:13 Md. R. 1350) repealed effective August 26, 1985 (12:17 Md. R. 1704) ―Regulations .01―03 adopted effective August 26, 1985 (12:17 Md. R. 1704). Regulations .01―03, Financial Responsibility, repealed effective September
09.08.04.00.htm 09.08.04.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 08 HOME IMPROVEMENT COMMISSION Chapter 04 Claims Arising Before June 1, 1985 ― Repealed Administrative History Effective date: August 26, 1985 (12:17 Md. R. 1703)Chapter repealed effective April 1, 1996 (23:5 Md. R. 378).
09.08.05.00.htm 09.08.05.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 08 HOME IMPROVEMENT COMMISSION Chapter 05 Claims Arising After June 1, 1985 ― Repealed Administrative History Effective date: August 26, 1985 (12:17 Md. R. 1703)Regulation .01 amended effective September 5, 1988 (15:18 Md. R. 2145). Regulation .04C, H amended effective June 29, 1987 (14:13 Md. R. 1472). Regulation .04D amended effective June 7, 1993 (20:11 Md. R. 912) ―.
09.08.06.00.htm 09.08.06.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 08 HOME IMPROVEMENT COMMISSION Chapter 06 Civil Citations Authority: Business Regulation Article, §8-207(a) and 8-620(c)1) Annotated Code of Maryland
09.08.06.01.htm 09.08.06.01. 01 Scope.. Unless otherwise indicated, the fines under Regulation .02 of this chapter apply for civil citations issued by the Commission under Business Regulation Article, §8-620(c)1) Annotated Code of Maryland.
09.08.06.02.htm 09.08.06.02. 02 Violation.. A. Failure to include the name or license number in an advertisement:. 1) First violation ― $100; and. 2) Second or subsequent violation ― $300.. B. Publishing a false, misleading, or deceptive advertisement:. 1) First violation ― $300; and. 2) Second or subsequent violation ― $1,000.. C. Failure to display the license number on vehicle:. D. Perform or sell a home improvement with or through an unlicensed person:. 1) First violation ― $1,500; and.
09.08.06.9999.htm 09.08.06.9999. Administrative History Effective date: May 14, 2012 (39:9 Md. R. 611).
09.08.07.00.htm 09.08.07.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 08 HOME IMPROVEMENT COMMISSION Chapter 07 Fees Authority: Business Regulation Article, §2-106.11, 2-106.12, 8-207, 8-209, 8-210, 8-213, 8-302, 8-303, 8-308, and 8-308.1, Annotated Code of Maryland
09.08.07.01.htm 09.08.07.01. 01 Purpose.. This chapter is intended to carry out the provisions of Business Regulation Article, §2-106.11, 2-106.12, 8-207, 8-209, 8-210, 8-213, 8-302, 8-303, 8-308, and 8-308.1, Annotated Code of Maryland. In particular, it is intended to set various fees in order to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Home Improvement Commission.
09.08.07.02.htm 09.08.07.02. 02 Schedule of Fees.. A. Pursuant to Business Regulation Article, §8-213, Annotated Code of Maryland, the Commission shall set fees to produce funds to approximate the cost of maintaining the Commission. Fees charged by the Commission are as follows:1) License application fees:. a) Contractor ― $250 for each place of business of the contractor;. b) Salesperson ― $100; and. c) Application processing fee ― $20;. 2) License renewal fees:.
09.08.07.9999.htm 09.08.07.9999. Administrative History Effective date: February 11, 2019 (46:3 Md. R. 106).
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