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ROBERT L. EHRLICH, JR., Governor Ch. 90
CHAPTER 90
(House Bill 436)
AN ACT concerning
Maryland Home Improvement Commission - Prosecution of Unlicensed
Contractors, Subcontractors, and Salespersons - Procedures
FOR the purpose of clarifying that an administrative hearing and adjudication by the
Maryland Home Improvement Commission is not a prerequisite to criminal
prosecution of certain unlicensed home improvement contractors,
subcontractors, or salespersons under certain circumstances; and generally
relating to home improvement contractors.
BY repealing and reenacting, with amendments,
Article - Business Regulation
Section 8-208
Annotated Code of Maryland
(2004 Replacement Volume and 2005 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Business Regulation
8-208.
(a) The Commission shall administer and enforce this title.
(b) (1) If the Commission concludes that continuing conduct of a person
alleged to be in violation of this title will result in irreparable or substantial harm to
any other person, the Commission may sue for:
(i) injunctive relief against the conduct;
(ii) an order for satisfactory completion of a home improvement
contract; or
(iii) restitution.
(2) If the Commission sues for injunctive relief under this subsection
against a person who is not licensed under this title, the Commission need not:
(i) post bond; or
(ii) show that no adequate remedy at law exists.
(3) A suit under this section shall be brought in the circuit court for the
county where:
(i) the alleged violation occurs; or
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