1588                                          LAWS OF MARYLAND                                     Ch. 116

(6) Has violated any provision of this subtitle or is
performing or attempting to perform any act prohibited by this
subtitle.

(b)  The Commission may refuse to grant a license to any
contractor or subcontractor, or may suspend or revoke the license
of any contractor or subcontractor, if it finds that the
contractor or subcontractor or the contractor's or
subcontractor's management personnel:

(1)  Has failed to evidence financial solvency. A
determination of financial solvency by the Commission shall take
into account the intended scope and size of the person's business
in relation to the person's total current assets, liabilities,
credit rating, and net worth. The financial information shall be
confidential and not a public record, but, where relevant, shall
be admissible as evidence 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 contracts has been] WORK performed in a poor and
unworkmanlike manner, or when the work involved is inadequate or
incomplete.

(c)  Any violation of any of the provisions of this subtitle
by any director, manager, 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.

(D) EXCEPT AS PROVIDED UNDER SUBSECTION (C), IF THE
COMMISSION PAYS ANY AMOUNT FROM THE FUND ON ACCOUNT OF THE
CONDUCT OF A LICENSED CONTRACTOR THAT LICENSEE'S HOME IMPROVEMENT
LICENSE SHALL MAY BE AUTOMATICALLY SUSPENDED UNTIL THAT PERSON
HAS REPAID IN FULL, WITH 10 PERCENT ANNUAL INTEREST, THE AMOUNT
PAID FROM THE FUND ON THAT PERSON'S ACCOUNT.

260.

(G) (1) THE COMMISSION MAY DESIGNATE, WITH THE APPROVAL OF
THE SECRETARY OF LICENSING AND REGULATION, AT LEAST 3 OF ITS
MEMBERS TO SIT AS A HOME IMPROVEMENT HEARING BOARD. THE
COMMISSION SHALL DESIGNATE 1 OF THE MEMBERS AS CHAIRMAN OF THE
BOARD. THE BOARD SHALL INCLUDE AT LEAST 1 MEMBER OF THE
COMMISSION WHO IS QUALIFIED BY EXPERIENCE IN SOME PHASE OF THE
HOME IMPROVEMENT INDUSTRY AND AT LEAST 1 MEMBER OF THE COMMISSION
WHO IS A CONSUMER REPRESENTATIVE.