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Session Laws, 1988
Volume 770, Page 3823   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 563

license or reprimanding a licensee and to obtaining a
license by fraudulent representation, and the fifth
sentence, as that sentence was introductory language
for § 224(b) through (v), the third sentence of §
224B, as that sentence related to disciplinary action
against a real estate broker for failure to exercise
reasonable supervision, and the second sentence of §
225(c).

Throughout this section, the references to an
"associate real estate broker" are added in conformity
with provisions added throughout this title to provide
a licensing scheme for associate real estate brokers.
See the General Subcommittee Comment to this title.

In the introductory . language of this section, the
phrase "deny a license to any applicant" is standard
language added to state expressly a power that was
only implied in the former law — i.e., that the
Commission may deny a license to an applicant who
violates a disciplinary provision under this section.

Item (1) of this section is revised in standard
language and item (2) of this section is added to
conform to almost all of the occupational licensing
acts adopted by the General Assembly in the past
several years. See, e.g., the comparable sections on
disciplinary actions in the various titles of the
Health Occupations Article. The General Assembly
expressly decided that the language of these items was
to be included in each of those sections as a
fundamental ground for disciplining a licensee.

In item (5) of this section, the phrase "informing in
writing" is substituted for the former phrase "express
knowledge", to clarify that it is the responsibility
of the associate real estate broker or real estate
salesperson to inform each real estate broker with
whom the individual is affiliated of the affiliation.

Also in item (5) of this section, the former word
"consent" is deleted as misleading and contrary to
practice. These changes were recommended by the Joint
Subcommittee on the Business Occupations Article.

In item (6) of this section, the word "consent" is
added, on the recommendation of the Joint Subcommittee
on the Business. Occupations Article.

In item (7) of this section, the former phrase "on a
purely temporary or single-deal basis" is deleted as
misleading and contrary to the intent of the
provision.

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Session Laws, 1988
Volume 770, Page 3823   View pdf image
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