WILLIAM DONALD SCHAEFER, Governor Ch. 485

260.

(c) (1) If the Commission determines that any licensee is guilty of any
violation of any of the provisions of this subtitle, the Commission may:

(i) Suspend the licensee's license for such period of time as shall be
determined by the Commission;

(ii) Revoke the licensee's license; [or]
(iii) Reprimand the licensee; OR

(IV) IMPOSE A CIVIL PENALTY UNDER § 267 OF THIS
SUBTITLE.

(2) The Commission may impose any combination of the sanctions
described in this subsection.

[(3) In determining whether to impose a fine, the Commission shall
consider the seriousness of the violation, the deleterious effect of the violation on the
complainant, any good faith on the part of the licensee, and the licensee's history of
previous violations.

(4) The Commission may assess a civil penalty not to exceed $2,000 for
each violation of any provision of this subtitle committed by a person other than a
licensee.]

261.

(a) The following acts are prohibited:

(1) Abandonment or failure to perform, without justification, any
home-improvement contract or project engaged in or undertaken by a contractor; or
deviation from or disregard of plans or specifications in any material respect without
the consent of the owner;

(2) Failure of a salesman to account for or to remit to his contractor any
payment received in connection with a home-improvement transaction;

(3) Making any substantial misrepresentation in the procurement of a
home-improvement contract, or making any false promise of character likely to
influence, persuade or induce;

(4) Any fraud in the execution of, or in the material alteration of any
contract, mortgage, promissory note or other document incident to a
home-improvement transaction;

(5) Preparing, arranging, participating in arranging, or accepting any
mortgage, promissory note, or other evidence of indebtedness upon the obligations of a
home-improvement transaction with knowledge that it recites a greater monetary
obligation than the consideration for the home-improvement work, which consideration
may be a time sale price;

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