WILLIAM DONALD SCHAEFER, Governor
COMPLAINANT, THE PUBLIC, AND THE HOME IMPROVEMENT INDUSTRY;

(5) THE ASSETS OF THE VIOLATOR; AND

(6) ANY OTHER FACTORS RELEVANT TO THE
DETERMINATION OF THE FINANCIAL PENALTY.

268.

[Any person who knowingly and wilfully violates any provision of this subtitle,
with respect to which a greater penalty is not otherwise provided by the provisions of
this subtitle or by any other law, in addition to any administrative penalty otherwise
applicable thereto, is guilty of a misdemeanor, and upon conviction thereof by a court of
competent jurisdiction of this State shall be punished by a fine not exceeding $1,000 or
imprisonment not to exceed 6 months or both.]

(A) (1) ANY PERSON WHO KNOWINGLY AND WILLFULLY
VIOLATES ANY PROVISION OF THIS SUBTITLE IS GUILTY OF A
MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT
EXCEEDING $1,000 OR IMPRISONMENT NOT EXCEEDING 6 MONTHS OR
BOTH.

(2) THIS PENALTY ONLY APPLIES WHERE THERE IS NO
GREATER CRIMINAL PENALTY PROVIDED UNDER THIS SUBTITLE OR
UNDER OTHER APPLICABLE LAW.

(B) (1) A PERSON MAY NOT KNOWINGLY AND WILLFULLY
ENGAGE IN OR CONTINUE IN THE BUSINESS OF HOME IMPROVEMENT AS
A SALESMAN, SUBCONTRACTOR, OR CONTRACTOR:

(I) WITHOUT BEING DULY LICENSED BY THE
COMMISSION;

(II) WITHOUT BEING EXEMPT FROM LICENSING UNDER
THIS SUBTITLE;

(III) AFTER LAPSE OR REVOCATION OF THE LICENSE; AND

(IV) DURING SUSPENSION OF THE LICENSE.

(2) A PERSON WHO VIOLATES THE PROVISIONS OF THIS
SUBSECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS
SUBJECT TO A FINE NOT EXCEEDING $5,000 OR IMPRISONMENT NOT
EXCEEDING 2 YEARS OR BOTH.

(C) THE PENALTIES IMPOSED UNDER THIS SECTION ARE IN
ADDITION TO ANY ADMINISTRATIVE PENALTY OR CIVIL FINE IMPOSED
UNDER THIS SUBTITLE.

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