Ch. 563

LAWS OF MARYLAND

In subsection (c) of this section, new language is
added to clarify that proof of notice is required
before the Commission may proceed with a hearing.

Defined term: "Commission" § 4-101

4-409. JOINDER OF PROCEEDINGS.

(A)  IN GENERAL.

IF A CLAIM AGAINST THE GUARANTY FUND ALLEGES THAT THE ACT OR
OMISSION GIVING RISE TO THE CLAIM WAS PERFORMED BY A LICENSED
REAL ESTATE BROKER, A LICENSED ASSOCIATE REAL ESTATE BROKER, OR A
LICENSED REAL ESTATE SALESPERSON, THE COMMISSION SHALL JOIN THE
PROCEEDING ON THE CLAIM WITH ANY DISCIPLINARY PROCEEDING AGAINST
THE LICENSEE UNDER THIS TITLE ARISING FROM THE SAME FACTS ALLEGED
IN THE CLAIM.

(B)  RIGHTS OF CLAIMANT.

(1)  FOR THAT PART OF A HEARING ON CONSOLIDATED
PROCEEDINGS THAT RELATES TO DISCIPLINARY ACTION BUT DOES NOT
RELATE TO THE GUARANTY FUND CLAIM AGAINST A LICENSEE, THE
CLAIMANT:

(I)  MAY NOT BE A PARTY; AND

(II)  MAY PARTICIPATE ONLY AS A WITNESS.

(2)  FOR THAT. PART OF A HEARING ON CONSOLIDATED
PROCEEDINGS THAT RELATES TO THE CLAIM AGAINST THE GUARANTY FUND,
THE CLAIMANT IS A PARTY.

SUBCOMMITTEE COMMENT: This section is new language derived
without substantive change from the first and second
sentences of former Art. 56, § 217A(d)(2)(iii).

In subsection (a) of this section, the reference to an
"associate real estate broker" is added in conformity
with provisions added throughout this title to provide
a licensing scheme for an associate real estate
broker. See the General Subcommittee Comment to this
title.

In subsection (b) of this section, new language is
added to clarify the extent to which a claimant may
participate in a consolidated proceeding.

Defined terms: "Commission" § 4-101
"Guaranty Fund" § 4-101

"Licensed associate real estate broker" § 4-101
"Licensed real estate broker" § 4-101

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