WILLIAM DONALD SCHAEFER, Governor Ch. 563

On the recommendation of the Joint Subcommittee on the
Business Occupations Article, new language is added in
subsection (b)(1)(iii) to provide a mechanism for
notifying the real estate broker with whom an
associate real estate broker or a real estate
salesperson is affiliated.

Defined terms: "Affiliate" § 4-101

"Associate real estate broker" § 4-101

"Commission" § 4-101

"Real estate broker" § 4-101

"Real estate salesperson" § 4-101

4-408. RIGHT TO PARTICIPATE IN HEARING; NOTICE.

(A)  RIGHT TO PARTICIPATE IN HEARING.

THE COMMISSION SHALL GIVE THE CLAIMANT AND THE LICENSEE OR
THE UNLICENSED EMPLOYEE ALLEGED TO BE RESPONSIBLE FOR THE ACT OR
OMISSION GIVING RISE TO THE CLAIM AN OPPORTUNITY TO PARTICIPATE
IN THE HEARING BEFORE THE COMMISSION.

(B)  NOTICE.

THE COMMISSION SHALL GIVE NOTICE OF THE HEARING TO:

(1)  THE CLAIMANT;

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

(3)  EACH UNLICENSED EMPLOYEE ALLEGED TO BE
RESPONSIBLE FOR THE ACT OR OMISSION GIVING RISE TO THE CLAIM.

(C)  PROOF OF NOTICE REQUIRED.

THE COMMISSION MAY NOT PROCEED WITH THE HEARING UNLESS THE
RECORDS OF THE COMMISSION SHOW THAT ALL NOTICES REQUIRED UNDER
THIS SUBTITLE WERE SENT TO EACH LICENSEE AND EACH UNLICENSED
EMPLOYEE ALLEGED TO BE RESPONSIBLE FOR THE ACT OR OMISSION GIVING
RISE TO THE CLAIM.

SUBCOMMITTEE COMMENT: This section is new language derived
without substantive change from item (i) of the second
sentence of former Art. 56, § 217A(a)(5).

In subsections (b)(3) and (c) of this section, the
references to an "unlicensed employee" are added for
clarity.

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