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Session Laws, 1988
Volume 770, Page 3849   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 563
"Licensed real estate salesperson" § 4-101

4-410. PAYMENTS BY GUARANTY FUND.

(A)  IN GENERAL.

THE COMMISSION SHALL ORDER PAYMENT OF A CLAIM BY THE
GUARANTY FUND IF, ON THE HEARING, THE CLAIMANT:

(1)  PROVES THAT THE CLAIMANT HAS A VALID CLAIM UNDER
THIS SUBTITLE; AND

(2)  PRESENTS EVIDENCE, SATISFACTORY TO THE
COMMISSION, THAT THE CLAIMANT IS NOT:

(I)  THE SPOUSE OF THE LICENSEE OR THE
UNLICENSED EMPLOYEE ALLEGED TO BE RESPONSIBLE FOR THE ACT OR
OMISSION GIVING RISE TO THE CLAIM; OR

(II)  THE PERSONAL REPRESENTATIVE OF THE SPOUSE
OF THE LICENSEE OR THE UNLICENSED EMPLOYEE ALLEGED TO BE
RESPONSIBLE FOR THE ACT OR OMISSION GIVING RISE TO THE CLAIM.

(B)  LIMITATIONS ON PAYMENTS.

(1)  THE COMMISSION MAY ORDER PAYMENT BY THE GUARANTY
FUND ONLY FOR THE ACTUAL MONETARY LOSS SUFFERED BY THE CLAIMANT
AS A RESULT OF THE CLAIM PROVEN BY THE CLAIMANT.

(2)  FOR ANY CLAIM, THE COMMISSION MAY NOT ORDER A
PAYMENT BY THE GUARANTY FUND OF MORE THAN $25,000.

(C)  DISBURSEMENTS BY GUARANTY FUND.

A PAYMENT MAY NOT BE MADE BY THE GUARANTY FUND UNDER AN
ORDER OF THE COMMISSION UNTIL:

(1)  THE EXPIRATION OF THE TIME PROVIDED UNDER TITLE
10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE FOR SEEKING
JUDICIAL REVIEW OF THE COMMISSION'S ORDER; OR

(2)  THE EXPIRATION OF ANY JUDICIAL STAY OF THE ORDER
OF THE COMMISSION.

(D)  ORDER OF PAYMENT.

THE COMMISSION SHALL ORDER PAYMENT OF EACH CLAIM DUE IN THE
ORDER IN WHICH THE CLAIM WAS AWARDED.

(E)  DELAYED PAYMENT.

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Session Laws, 1988
Volume 770, Page 3849   View pdf image
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