BLAIR LEE III, Acting Governor

1925

IN ANY ADMINISTRATIVE HEARING OR JUDICIAL ACTION OR
PROCEEDING; OR

(2) LACKS COMPETENCE TO ENGAGE IN HOME
IMPROVEMENT CONTRACTING, AS EVIDENCED BY A PRACTICE OF
FAILURE TO PERFORM CONTRACTS. A CONTRACTOR OR A
SUBCONTRACTOR SHALL BE DEEMED TO HAVE FAILED TO PERFORM WHEN
THE COMMISSION FINDS THAT THE WORK INVOLVED IN HIS CONTRACT
CONTRACTS HAS BEEN PERFORMED IN AN UNDULY A POOR AND
UNWORKMANLIKE MANNER, OR WHEN THE WORK INVOLVED IS
FUNCTIONALLY INADEQUATE OR INCOMPLETE.

(C) ANY VIOLATION OF ANY OF THE PROVISIONS OF THIS
SUBTITLE BY ANY DIRECTOR, MANAGES, PARTNER, OFFICER,
SALESMAN, AGENT, OR EMPLOYEE OF A CONTRACTOR OR
SUBCONTRACTOR SHALL BE CAUSE FOR SUSPENSION OR REVOCATION OF
THE LICENSE OF THE CONTRACTOR OR SUBCONTRACTOR, UNLESS IT
APPEARS TO THE SATISFACTION OF THE COMMISSION THAT THE
CONTRACTOR OR SUBCONTRACTOR OR MANAGEMENT PERSONNEL OF THE
CONTRACTOR OR SUBCONTRACTOR HAD NO KNOWLEDGE OF THE WRONGFUL
CONDUCT, OR WERE UNABLE TO PREVENT THE VIOLATION.

259.

THE COMMISSION, IF IT CONCLUDES THAT ANY CONTINUING
CONDUCT ALLEGED TO BE IN VIOLATION OF THIS SUBTITLE WILL
RESULT IN IRREPARABLE HARM TO ANY CITIZEN OF THIS STATE, MAY
SEEK: (1) A PERMANENT OR TEMPORARY INJUNCTION WITH RESPECT
TO THE CONDUCT FROM THE CIRCUIT COURT OF BALTIMORE CITY OR
OF ANY COUNTY IN WHICH THE ALLEGED VIOLATION IS OCCURRING,
OR IN WHICH THE VIOLATOR HAS ITS PRINCIPAL PLACE OF
BUSINESS, AND (2) RESTITUTION OR AN ORDER REQUIRING
SATISFACTORY COMPLETION OF THE HOME IMPROVEMENT CONTRACT.
THE COMMISSION IS NOT REQUIRED TO FILE A BOND WHEN SEEKING
AN INJUNCTION UNDER THIS SECTION AGAINST ANY PERSON,
ASSOCIATION, COPARTNERSHIP, OR CORPORATION NOT LICENSED
UNDER THIS SUBTITLE.

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