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Session Laws, 1988
Volume 770, Page 3852   View pdf image
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Ch. 563

LAWS OF MARYLAND

that gave rise to a claim for which payment was made
from the Guaranty Fund.

In subsection (a) of this section, new language is
added to state affirmatively that the individual is
obligated to reimburse the Guaranty Fund.

In subsection (c) of this section, the former
reference to a court "of competent jurisdiction" is
deleted as surplusage.

In subsection (d)(2) of this section, the reference to
"a period of at least 30 days" is substituted for. the
former references to the order of the Commission being
"final" and ho appeal being "pending", to clarify the
time frame in which the Commission or its assignee may
bring an action against a licensee for reimbursement
of the Guaranty Fund.

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

4-412. SUSPENSION OF LICENSE.

(A)  IN GENERAL.

IF THE COMMISSION ORDERS PAYMENT BY THE GUARANTY FUND OF A
CLAIM BASED ON AN ACT OR OMISSION FOR WHICH A LICENSEE IS
RESPONSIBLE, THE COMMISSION IMMEDIATELY AND WITHOUT FURTHER
PROCEEDINGS SHALL SUSPEND THE LICENSE OF THE LICENSEE.

(B)  REINSTATEMENT OF LICENSE.

THE COMMISSION MAY NOT REINSTATE A LICENSE THAT IS SUSPENDED
UNDER THIS SECTION UNTIL THE INDIVIDUAL WHOSE LICENSE WAS
SUSPENDED:

(1)  REPAYS IN FULL:

(I)  THE AMOUNT PAID BY THE GUARANTY FUND; AND

(II)  THE INTEREST DUE UNDER § 4-411(A)(2) OF
THIS SUBTITLE; AND

(2)  APPLIES TO THE COMMISSION FOR REINSTATEMENT OF
THE LICENSE.

(C)  EFFECT ON DISCIPLINARY PROCEEDING.

REGARDLESS OF WHETHER THE DISCIPLINARY SANCTION WAS IMPOSED
FOR THE SAME ACT OR OMISSION THAT GAVE RISE TO THE CLAIM AGAINST
THE GUARANTY FUND, THE REIMBURSEMENT OF THE GUARANTY FUND BY A

- 3852 -

 

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Session Laws, 1988
Volume 770, Page 3852   View pdf image
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