Md. Code Regs. 09.08.06.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 09.08.06.02 - 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:

(1) First violation - $100; and

(2) Second or subsequent violation - $300.

D. Perform or sell a home improvement with or through an unlicensed person:

(1) First violation - $1,500; and

(2) Second or subsequent violation - $5,000.

E. Failure of a salesperson to account for, or remit, a payment received:

(1) First violation - $1,000; and

(2) Second or subsequent violation - $3,000.

F. Failure of a contractor to notify Commission of the hiring or termination of a salesperson:

(1) First violation - $500; and

(2) Second or subsequent violation - $1,000.

G. Failure of a contractor to notify the Commission within 10 days of a change of ownership, management, address, or trade name:

(1) First violation - $500; and

(2) Second or subsequent violation - $1,000.

H. Violation of a building law of the State or a political subdivision, a safety or labor law of the State, the Maryland Workers' Compensation Act, or the lead paint accreditation requirement under Environment Article, §6-1002, Annotated Code of Maryland:

(1) First violation - $500; and

(2) Second or subsequent violation - $1,500.

I. Acting as a contractor or subcontractor or selling a home improvement under a name other than that under which the person is licensed:

(1) First violation - $500; and

(2) Second or subsequent violation - $1,500.

J. Failure to have a written and legible contract:

(1) First violation - $500; and

(2) Second or subsequent violation - $1,500.

K. Failure to have on a contract, the name, address, telephone number, and license number of the contractor:

(1) First violation - $500; and

(2) Second or subsequent violation - $1,500.

L. Failure to have on a contract a clear description of each document that it incorporates:

(1) First violation - $500; and

(2) Second or subsequent violation - $1,500.

M. Failure to have a contract signed by each party:

(1) First violation - $500; and

(2) Second or subsequent violation - $1,500.

N. Failure to have on a contract the approximate start and completion dates:

(1) First violation - $500; and

(2) Second or subsequent violation - $1,500.

O. Failure to have on a contract notice about the Commission and telephone number of the Commission:

(1) First violation - $500; and

(2) Second or subsequent violation - $1,500.

P. Failure to have on a contract a written notice as required whenever payment is secured by an interest in real estate:

(1) First violation - $500; and

(2) Second or subsequent violation - $1,500.

Q. Failure to have the notice required under Business Regulation Article, §8-501(c)(2), Annotated Code of Maryland, initialed by owner:

(1) First violation - $1,000; and

(2) Second or subsequent violation - $2,000.

R. Failure to provide a copy of a contract to an owner:

(1) First violation - $500; and

(2) Second or subsequent violation - $1,000.

S. Failure to have on a contract including a mandatory arbitration clause the notice required under COMAR 09.08.01.25B A:

(1) First violation - $500; and

(2) Second or subsequent violation - $1,000.

T. Failure to initial a mandatory arbitration clause on a contract:

(1) First violation - $1,000; and

(2) Second or subsequent violation - $2,000.

U. Demand or receive any payment before contract is signed:

(1) First violation - $500; and

(2) Second or subsequent violation - $1,500.

V. Receipt of more than 1/3 deposit at the time of contract signing:

(1) First violation - $500; and

(2) Second or subsequent violation - $1,500.

W. Failure to comply with an order or requirement of Commission:

(1) First violation - $500; and

(2) Second or subsequent violation - $1,500.

X. Offering to act as a contractor without a license from the Commission:

(1) First violation - $1,000; and

(2) Second or subsequent violation - $3,000.

Y. Acting as a contractor without a license from the Commission:

(1) First violation - $1,500; and

(2) Second or subsequent violation - $5,000.

Z. Offering to act or acting as a subcontractor without a license from the Commission:

(1) First violation - $500; and

(2) Second or subsequent violation - $1,500.

AA. Offering to sell a home improvement without a license from the Commission:

(1) First violation - $500; and

(2) Second or subsequent violation - $1,500.

BB. Selling a home improvement without a license from the Commission:

(1) First violation - $1,000; and

(2) Second or subsequent violation - $3,000.

CC. Accepting a completion certificate with knowledge that the document is false:

(1) First violation - $2,000; and

(2) Second or subsequent violation - $5,000.

Md. Code Regs. 09.08.06.02