HARRY HUGHES, Governor

1585

CLAIM. IN A CONSOLIDATED PROCEEDING, THE CLAIMANT SHALL BE A
PARTY AND MAY PARTICIPATE IN THE HEARING TO THE EXTENT NECESSARY
TO ESTABLISH THE CLAIM.

(3) NOTWITHSTANDING SUBSECTION (A) OF THIS SECTION, A
CLAIMANT MAY NOT CONCURRENTLY ADJUDICATE A CLAIM TO RECOVER FROM
THE FUND BEFORE THE COMMISSION AND INITIATE LEGAL PROCEEDINGS
AGAINST A LICENSED CONTRACTOR ARISING FROM THE SAME FACTS AND
CIRCUMSTANCES IN A COURT OF COMPETENT JURISDICTION. UPON THE
FILING OF SUCH A LEGAL ACTION, THE COMMISSION SHALL STAY ITS
PROCEEDINGS ON THE CLAIM UNTIL THERE IS A FINAL JUDGMENT WITH ALL
APPEAL RIGHTS EXHAUSTED. THE COMMISSION SHALL DISMISS THE
PENDING CLAIM IF A FINAL JUDGMENT OR AWARD IN ARBITRATION IS
DECIDED IN FAVOR OF THE DEFENDANT. TO THE EXTENT THAT A FINAL
JUDGMENT OR FINAL AWARD IN ARBITRATION IS DECIDED IN FAVOR OF THE
CLAIMANT, THEN THE COMMISSION SHALL APPROVE A CLAIM AGAINST THE
FUND TO THE EXTENT AUTHORIZED UNDER § 257E OF THIS SUBTITLE.

257E.

(A)  SUBJECT TO THE LIMITATIONS SET FORTH IN SUBSECTION (B),
THE COMMISSION MAY DIRECT PAYMENT FROM THE FUND ONLY IF:

(1)  THE COMMISSION'S DECISION OR ORDER HAS BECOME
FINAL IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT WITH
ALL RIGHTS OF APPEAL EXHAUSTED; OR

(2)  THE CLAIMANT PROVIDES THE COMMISSION WITH A
CERTIFIED COPY OF A FINAL JUDGMENT OF A COURT OF COMPETENT
JURISDICTION, OR A FINAL AWARD IN ARBITRATION, WITH ALL RIGHTS OF
APPEAL EXHAUSTED, IN WHICH THE COURT OR ARBITRATOR HAS EXPRESSLY
FOUND ON THE MERITS THAT THE CONDITIONS PRECEDENT TO RECOVERY SET
FORTH IN § 257A(A) ARE MET AND HAS MADE A FINDING AS TO THE
DOLLAR VALUE OF ANY ACTUAL LOSS.

(B)  THE COMMISSION MAY DENY A CLAIM IF IT FINDS THAT A
CLAIMANT UNREASONABLY REJECTED GOOD FAITH EFFORTS BY THE LICENSEE
TO RESOLVE THE CLAIM.

(C)  THE COMMISSION MAY NOT:

(1)  AWARD ANY 1 CLAIMANT MORE THAN $10,000 ON ACCOUNT
OF CONDUCT OF ANY 1 LICENSED CONTRACTOR TO ANY 1 CLAIMANT MORE
THAN $10,000, LESS ANY AMOUNT AWARDED TO THE CLAIMANT FROM A BOND
PROVIDED FOR IN SECTION 257(C) OF THIS ARTICLE, FOR A CLAIM
AGAINST THE FUND AS A RESULT OF THE CONDUCT OF ANY 1 LICENSED
CONTRACTOR;

(2)  AWARD MORE THAN $50,000 TO CLAIMANTS ON ACCOUNT
OF THE CONDUCT OF ANY 1 LICENSED CONTRACTOR, UNLESS AFTER THE
COMMISSION HAS PAID OUT $50,000 ON ACCOUNT OF THE CONDUCT OF 1
LICENSED CONTRACTOR THAT THE LICENSEE HAS REPAID THE FUND THE
FULL $50,000;