HARRY HUGHES, Governor

1587

(2)  THE LICENSEE WAS AFFORDED NOTICE OF ANY
OPPORTUNITY TO PARTICIPATE IN ANY HEARING ON THE CLAIM BEFORE THE
COMMISSION; AND

(3)  THE COMMISSION'S DECISION OR ORDER HAS BECOME
FINAL IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT AND
THAT NO APPEAL IS PENDING; OR

(4)  THE COMMISSION HAS DIRECTED PAYMENT FROM THE FUND
BASED ON A FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION
OR A FINAL AWARD IN ARBITRATION AS AUTHORIZED UNDER § 257E(A) OF
THIS SUBTITLE.

(D) THE COMMISSION OR THE STATE CENTRAL COLLECTION UNIT
SHALL BE DEEMED A CREDITOR WITH RESPECT TO ANY AMOUNT PAID FROM
THE FUND FOR THE PURPOSE OF EXCEPTING TO ANY DISCHARGE OF THE
LICENSED CONTRACTOR UNDER FEDERAL BANKRUPTCY LAW.

257G.

(A)  A CLAIM MAY NOT BE BROUGHT AGAINST THE FUND AFTER 3
YEARS FROM THE DATE THAT THE CLAIMANT DISCOVERED, OR BY EXERCISE
OF ORDINARY DILIGENCE SHOULD HAVE DISCOVERED, THE LOSS OR DAMAGE.

(B)  THE PENDENCY OF A CLAIM AGAINST THE FUND SHALL NOT
LIMIT THE AUTHORITY OF THE COMMISSION TO TAKE DISCIPLINARY ACTION
AGAINST ANY LICENSEE, INCLUDING A SUBCONTRACTOR OR SALESMAN,
UNDER § 258 OF THIS SUBTITLE, NOR SHALL THE REPAYMENT IN FULL BY
A LICENSED CONTRACTOR OF THE AMOUNT PAID FROM THE FUND ON THAT
CONTRACTOR LICENSEE'S ACCOUNT, BY ITSELF, NULLIFY OR MODIFY THE
EFFECT OF ANY DISCIPLINARY PROCEEDING AGAINST ANY LICENSEE.

258.

(a) For the protection of the people of this State, the
Commission may refuse to grant a license to any applicant or may
suspend or revoke the license of any licensee, if it finds that
the applicant or licensee or the management personnel of the
applicant or licensee:

(1)  Has made a material omission or misrepresentation
of fact on an application for a license;

(2)  Has failed to furnish information to the
Commission concerning an application for a license as required by
this subtitle;

(3) Has failed to pass the examination required by
this subtitle;

(4)  Has been convicted of a felony;

(5)  Has consistently failed to perform contracts, or
has manipulated assets or accounts, or has engaged in [a practice
of] fraud or bad faith; or