Maryland Administrative Code

.19 Time Limitation for Filing Complaints. The Commission may summarily dismiss any complaint brought against a licensee after 3 years from the date of the written listing contract, contract of sale, lease agreement, option, or actions upon which the complaint is based, unless th…

.20 Interest on Guaranty Fund Reimbursements. A. Unless revoked by a final order of the Commission, a licensee is suspended by operation of law under Business Occupations and Professions Article, §17-412, Annotated Code of Maryland, upon payment from the Guaranty Fund due to the …

.21 Repealed.

.22 Ownership Disclosure. A. A licensee shall furnish to the Commission full information regarding an ownership interest held by the licensee in entities providing real estate brokerage services, together with the licensee's renewal application. B. A licensee acquiring or disposi…

.23 Broker Supervision Course. A licensee who is designated as a broker, branch office manager, or team leader shall complete a 1.5 clock-hour course that includes the requirements of broker supervision under COMAR 09.11.06.01B(8)(i) within 90 days of the effective date of the de…

.01 Relations to the Public. A. The licensee shall remain informed of matters affecting real estate in the community, the State, and the nation. B. The licensee shall be informed on current market conditions in order to be in a position to advise clients as to the fair market pri…

.02 Relations to the Client. A. In accepting employment as an agent, the licensee shall protect and promote the interests of the client. This obligation of absolute fidelity to the client's interest is primary, but it does not relieve the licensee from the statutory obligations t…

.03 Relations to Fellow Licensees. A. The agency of a licensee who holds an exclusive listing, shall be respected. B. The licensee shall cooperate with other brokers on property listed by the licensee exclusively whenever it is in the interest of the client, and share commissions…

.01 Hearings Before the Commission. A. Except as otherwise provided in §§B, C, D, and E of this regulation, all contested case hearings before the Commission are governed by COMAR 09.01.02. B. A hearing shall be conducted before a designated hearing panel of three members of the …

.02 Hearings Delegated to the Office of Administrative Hearings. Except as otherwise provided in Regulation .03 of this chapter, all contested case hearings delegated to the Office of Administrative Hearings are governed by COMAR 09.01.03.

.03 Discovery. A. A party in a contested case hearing may receive discovery of facts from the Commission if the party makes a request to that effect at least 15 days before the hearing date. B. If a timely request is not made, any objection based on surprise or insufficiency of t…

.01 Application for Registration. A. Application for registration as a time share developer shall be made on forms provided by the Commission at the offices of the Commission. The application shall contain all of the documents and information required. B. A surety bond submitted …

.02 Rules of Procedure for Revocation or Suspension of Registration. All hearings regarding denials of applications or revocations or suspensions of registration of time share developers are governed by COMAR 09.01.02.

.03 Records of Transactions. A. The developer shall maintain records of the names and addresses of licensed real estate brokers, employees, or independent contractors employed by it for the purpose of sales of time share estates in Maryland, and make those records available to th…

.04 General Regulations. A. A promise, assertion, representation, or statement of fact or opinion in connection with a time share marketing activity may not be made which is false, inaccurate, or misleading by reason of inclusion of an untrue statement of a material fact or omiss…

.01 Definitions. Supervision means direction and review by the: A. Broker of professional real estate activities by associate brokers, designated sales managers and salespersons associated with that brokerage, regardless of the type of work relationship existing between them; B. …

.02 Requirement of Supervision. A. A broker shall exercise reasonable and adequate supervision over the activities of the broker's associate brokers and salespersons. B. A branch office manager shall exercise reasonable and adequate supervision over the activities of the associat…

.03 Reasonable and Adequate Supervision. A. Initially, the operations characteristics of the brokerage firm shall be considered by determining the: (1) Number of licensed salespersons and associate brokers affiliated with the broker; (2) Number of branch offices and salespersons …

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Approved continuing education course” means a continuing education course approved by the Commission. (2) “Classroom instruction” means the art or science of teaching in a…

.02 Education Committee. A. There is an Education Committee consisting of Commission members appointed by the Chairman. The Committee shall include at least two licensee members and one consumer member. B. A course provider who has been denied approval of a course by Commission s…

.03 Course Providers. A. In order to qualify as an educational institution under Business Occupations and Professions Article, §17-315(c)(1), Annotated Code of Maryland, the institution shall provide the Commission with evidence of its approval by the Maryland Higher Education Co…

.04 Course Approval. A. The course provider shall submit an application for a class in a particular subject matter at least 30 days prior to the date of the first offering of the course. B. The Commission may request an outline of the course content as part of the approval proces…

.05 Course Content. A. The Commission may approve a continuing education course that meets all of the following five criteria: (1) The course is a mandated or elective course designed for: (a) Protecting the general public in their real estate transactions; (b) Enabling the licen…

.06 Advertising. A. Advertising related only to a specific course shall be in the name of the approved course provider. The name of a course sponsor may appear in the advertising, but may not be in a font size or format that exceeds that of the approved course provider. The role …

.07 Facilities. Each classroom in which courses are given shall: A. Meet all fire, safety, zoning, and Americans with Disabilities Act (ADA) requirements; B. Be of sufficient size to comfortably accommodate all enrolled students; C. Provide an appropriate learning environment; an…

.08 Conduct of Courses. A. Scheduling. (1) The maximum permissible class session without a break is 90 minutes. (2) A course scheduled for more than 4 hours in one day shall include a meal break of at least 30 minutes, but not more than 90 minutes. (3) A course shall begin prompt…

.09 Licensee Credit Hours. A. Pre-approval. A course will qualify for continuing education credit only if the Commission has approved the form, substance, and subject matter of the course before the course is given. B. Prelicensing Courses. An instruction program for prelicensing…

.10 Distance Learning. A. The provider of a distance learning course shall obtain approval of the technical aspects of a course from an entity recognized by the Commission in the field of technical expertise before submitting the course to the Commission for review of its substan…

.01 Residential Real Property Disclosure/Disclaimer Statement. In accordance with the provisions of the Real Property Article, §10-702, Annotated Code of Maryland the disclosure/disclaimer statement form provided by the Maryland Real Estate Commission shall be used in all applica…

.02 Guidelines. A. A licensed broker, associate broker, or salesperson acting as a seller’s agent should obtain a written residential property condition disclosure statement or a written residential property disclaimer statement at the time the licensed broker, associate broker, …

.01 Agency Relationship Disclosure Form/Dual Agency Consent Form. In accordance with the provisions of Business Occupations and Professions Article, §17-530, Annotated Code of Maryland, model Agency Disclosure and Dual Agency Consent forms provided by the Maryland Real Estate Com…

.01 Purpose. This chapter is intended to carry out the provisions of Business Regulation Article, §§2-106.3 and 2-106.4, Annotated Code of Maryland, and Business Occupations and Professions Article, Title 17, Annotated Code of Maryland. In particular, it is intended to set variou…

.02 Schedule of Fees. Fees charged by the Commission are as follows: A. Original license fees: (1) Broker — $211; (2) Associate broker —$143; (3) Salesperson — $98; B. License renewal fees: (1) Broker —$191; (2) Associate broker — $123; (3) Salesperson — $78; C. Reactivation of i…

.01 Definitions. A. In these regulations, the following terms have the meanings indicated. B. Terms Defined. (1) “ASME Code” means the “ASME Boiler and Pressure Vessel Code” of the American Society of Mechanical Engineers with revisions, amendments, and interpretations adopted by…

.02 Access and Egress. A. Clearance. (1) Except for a water heater or a modular boiler system, a new or replacement boiler installed in a new or existing building shall be installed consistent with: (a) Or exceeding, the manufacturer's recommendations for clearance; and (b) The s…

.03 Air and Ventilation. A. A boiler room shall have a permanent source of outside air to: (1) Permit satisfactory combustion of fuel; and (2) Provide proper ventilation of the boiler under normal operating conditions. B. Louvered area. (1) The total requirements of all burners f…

.04 Equipment. A. Automatic Low Water Fuel Cutoff or Water Feeding Device. (1) An automatically fired steam or vapor system boiler shall have a low water fuel cutoff that automatically cuts off the fuel supply when the water surface falls to the lowest safe level. The following a…

.05 Factor of Safety--Increase for Existing Installation. A. An inspector may increase the factor of safety of an existing installation if the condition of the boiler or pressure vessel warrants the increase. B. Appeal Procedure. (1) An owner may appeal an increase in a factor of…

.06 Fired Jacketed Steam Kettle. A. A fired jacketed steam kettle may be installed if it is: (1) Constructed and stamped in accordance with the ASME Code, Section I, IV, or VIII, Division 1; and (2) Registered with the National Board. B. A gas-fired jacketed steam kettle may be c…

.07 Gas-Fired Installations. A. A burner in a gas-fired installation shall be tested and certified by the American Gas Association. B. A gas-fired boiler shall have a vent or flue that terminates at an acceptable location outside the building. C. The size of the vent or flue shal…

.08 Hazardous Condition. A. A special inspector who finds a hazardous condition affecting the safety of a boiler or pressure vessel shall notify the chief boiler inspector in accordance with Regulation .28 of this chapter. B. If a special inspector determines that a boiler or pre…

.09 Hearings. A. A hearing shall be held in accordance with the requirements of the Administrative Procedure Act, Title 10, Subtitle 2, State Government Article, Annotated Code of Maryland. B. The Commissioner delegates the authority to issue a proposed decision on a citation or …

.10 Heating Boiler — Existing Installation: Maximum Allowable Working Pressure A. The maximum allowable working pressure on a standard boiler may not exceed the pressure stamped or cast by the manufacturer on: (1) The boiler; or (2) A plate secured to the boiler. B. The maximum a…

.11 Heating Boiler — Existing Installation: Safety Valve. A. A steam boiler shall have at least one safety valve which is: (1) Officially rated; (2) Of the spring pop type; and (3) Adjusted and sealed to discharge at a pressure not greater than 15 PSI. B. A seal shall be attached…

.12 Heating Boiler — Existing Installation: Miscellaneous. A. Feedwater Connection. (1) Feedwater, make-up water, or water treatment: (a) Shall be introduced into a boiler through: (i) The return piping system, or (ii) An independent feedwater connection that does not discharge a…

.13 Hot Water Boiler—Existing Installation: Safety Relief Valve. A. Number of Valves. (1) A hot water heating boiler shall have at least one safety relief valve which is: (a) Officially rated; and (b) Set to relieve at or below the maximum allowable working pressure of the boiler…

.14 Inspection Intervals. A. Boilers and pressure vessels subject to this regulation do not include power boilers, or high pressure or high temperature water boilers. B. Except as provided in §C of this regulation, boilers and pressure vessels shall receive a certificate inspecti…

.15 Inspection Certificate. A. Revocation or Suspension. (1) Emergency Action. (a) The chief boiler inspector or an authorized representative may order an inspection certificate suspended summarily if, in his opinion, public safety imperatively requires emergency action. (b) If a…

.16 Inspector. A. An inspector: (1) May not engage in the sale of boilers, pressure vessels, or any related item; and (2) Shall be employed regularly in inspection work. B. To be eligible to take the examination for a Certificate of Competency as an inspector, an applicant shall …

.17 Installation. A. A new or used boiler, pressure vessel, or piping installation or reinstallation shall be installed in accordance with this chapter. B. Notice of Installation. (1) At least 30 days before installing or reinstalling a boiler or pressure vessel, the installer sh…