Maryland Administrative Code

.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 sal…

.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 …

.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 licen…

.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 a…

.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 …

.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…

.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 …

.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 …

.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…

.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 impr…

.17 Repealed.

.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…

.19 Financial Solvency. 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 and pending civil actions against the applicant. …

.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…

.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 …

.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, Ann…

.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 apprenticesh…

.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.…

.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 partic…

.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 ad…

.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-clas…

.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.

.01 Scope. This chapter shall apply to all claims arising from transactions or events occurring on or after July 1, 1988.

.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 …

.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 gen…

.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.

.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 …

.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…

.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:…

.01 Purpose. This chapter is intended to carry out the provisions of Business Regulation Article, §§2-106.9 and 2-106.10, Annotated Code of Maryland, and Business Occupations and Professions Article, Title 12, Annotated Code of Maryland. In particular, it is intended to set vario…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Board” means the State Board of Electricians. (2) “License fee” means the fee paid by an applicant or licensee, as applicable, in connection with the issuance and renewal …

.03 Fees and Costs. A. The Secretary and the mechanical boards have agreed to average their direct and indirect costs, based on the calculation of costs performed by the Secretary in consultation with the mechanical boards. Based on these calculations, the Board sets the followin…

.04 Deadlines. If an individual fails to pass a required license examination, the individual shall wait a period of at least 30 days before retaking the examination.

.01 Required Hours of Continuing Education. A. To be eligible for renewal of a license, as required by Business Occupations and Professions Article, §6-310(c)(3), Annotated Code of Maryland, an applicant shall have completed during the prior license term: (1) 10 hours of qualifyi…

.02 Subject Matter for Continuing Education. Continuing educational hours from a course or training satisfy the requirement of Regulation .01A of this chapter if the course or training is: A. Based on any article of or update to the National Electrical Code (NEC) or any local var…

.03 Approved Methods for Completion of Required Continuing Education. At least 5 of the 10 hours of continuing education required by Regulation .01A(1) of this chapter for master license renewal shall be obtained in a classroom setting.

.01 Failure to Respond. A. If an applicant or licensee receives from the Board a written communication requesting a response, the applicant or licensee shall respond in writing within 30 days of the date of the mailing. B. The Board shall send a written communication by first-cla…

.02 Apprentice License Required for Journeyperson License Eligibility. On or after July 1, 2024, to be eligible for a journeyperson license, an applicant shall have held, for a period of 4 years, a current apprentice license issued by the Board or a local board, and during that p…

.03 Time for Submitting a License Application. An applicant for a license filed pursuant to Business Occupations and Professions Article, §6-307.1(2), Annotated Code of Maryland, authorizing the Board to issue a journeyperson license to an applicant who has successfully completed…

.01 Scope. A. This chapter applies to: (1) An entity licensed by the Maryland Racing Commission to hold or conduct a race meeting at which thoroughbred horse racing is permitted for any stake, purse, or reward; (2) All owners, trainers, jockeys, jockey's agents, grooms, or other …

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Added money” means the amount contributed to a purse in a race, other than the fees paid by those who nominated, entered, or started in the race. (1-1) “Age” of a horse is…

.03 Commission Sovereignty. A. A decision or ruling required by these regulations to be made by an entity that is not subject to the authority of the State is subject to review by the Commission. B. If the Commission does not concur with a decision of an entity under §A of this r…

.04 Reserved.

.05 Repealed.

.06 Repealed.

.07 Claiming. A. Except as provided in §A-1 of this regulation, in claiming races a horse is subject to claim for its entered price by: (1) A licensed owner; (2) An individual authorized to claim in behalf of a registered stable or other multiple ownership entity; or (3) A regist…

.08 Repealed.