Ch. 563

LAWS OF MARYLAND

THE COMMISSION SHALL ACT PROMPTLY ON A CLAIM FILED UNDER
THIS SUBTITLE.

(B)  NOTICE OF CLAIM.

UPON RECEIPT OF A CLAIM, THE COMMISSION SHALL:

(1)  FORWARD A COPY OF THE CLAIM TO:

(I)  EACH LICENSEE ALLEGED TO BE RESPONSIBLE FOR
THE ACT OR OMISSION GIVING RISE TO THE CLAIM;

(II)  EACH UNLICENSED EMPLOYEE ALLEGED TO BE
RESPONSIBLE FOR THE ACT OR OMISSION GIVING RISE TO THE CLAIM; AND

(III)  IF THE LICENSEE ALLEGED TO BE RESPONSIBLE
FOR THE ACT OR OMISSION GIVING RISE TO THE CLAIM IS AN ASSOCIATE
REAL ESTATE BROKER OR A REAL ESTATE SALESPERSON, EACH REAL ESTATE
BROKER WITH WHOM THE ASSOCIATE REAL ESTATE BROKER OR THE REAL
ESTATE SALESPERSON IS AFFILIATED.

(2)  REQUEST FROM EACH OF THOSE INDIVIDUALS A WRITTEN
RESPONSE WITHIN 10 DAYS TO THE ALLEGATIONS SET FORTH IN THE
CLAIM.

(C)  HEARING; DISMISSAL.

(1) THE COMMISSION:

(I) SHALL REVIEW THE CLAIM AND ANY RESPONSE TO

THE CLAIM; AND

(II) MAY CONDUCT AN INVESTIGATION OF THE CLAIM.

(2) ON THE BASIS OF ITS REVIEW AND ANY INVESTIGATION
IT CONDUCTS, THE COMMISSION SHALL:

(I)  SET THE MATTER FOR A HEARING; OR

(II)  IF THE CLAIM IS FRIVOLOUS, MADE IN BAD
FAITH, OR LEGALLY INSUFFICIENT, DISMISS THE CLAIM.

SUBCOMMITTEE COMMENT: This section is new language derived
without substantive change from former Art. 56, §
217A(d)(2)(ii), the first sentence of (a)(4), and the
first clause of (d)(3).

In subsection (b)(1)(ii) of this section, the
reference to "each unlicensed employee" is added for
clarity and to conform to the current practice of the
Commission.

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