WILLIAM DONALD SCHAEFER, Governor                       Ch. 3

"Licensed associate real estate broker" § 16-101
"Licensed real estate salesperson" § 16-101
"Person" § 1-101

"Provide real estate brokerage services" § 16-101
"Real estate" § 16-101 "Real estate broker" § 16-101
"Real estate salesperson" § 16-101

16-323. SAME -- COMMENCEMENT OF PROCEEDINGS.

(A)  COMMENCEMENT.

SUBJECT TO THE PROVISIONS OF THIS SECTION, THE COMMISSION
SHALL COMMENCE PROCEEDINGS UNDER § 16-322 OF THIS SUBTITLE ON A
COMPLAINT MADE TO THE COMMISSION BY A MEMBER OF THE COMMISSION OR
ANY OTHER PERSON.

(B)  FORM AND CONTENTS OF COMPLAINT.

(1)  A COMPLAINT SHALL:

(I)  BE IN WRITING; AND

(II)  STATE SPECIFICALLY THE FACTS ON WHICH THE
COMPLAINT IS BASED.

(2)  IF A COMPLAINT IS MADE BY ANY PERSON OTHER THAN A
MEMBER OF THE COMMISSION, THE COMPLAINT SHALL BE MADE UNDER OATH
BY THE PERSON WHO SUBMITS THE COMPLAINT.

(3)  A COMPLAINT MAY BE ACCOMPANIED BY DOCUMENTARY OR
OTHER EVIDENCE.

(C)  INVESTIGATION.

THE COMMISSION SHALL INVESTIGATE EACH COMPLAINT SUBMITTED TO
THE COMMISSION IF THE COMPLAINT:

(1)  ALLEGES FACTS THAT ESTABLISH A PRIMA FACIE CASE
THAT IS GROUNDS FOR DISCIPLINARY ACTION UNDER § 16-322 OF THIS
SUBTITLE; AND

(2)  MEETS THE REQUIREMENTS OF THIS SECTION.

(D)  FINDINGS AND DISPOSITION AFTER INVESTIGATION.

(1)  ON CONCLUSION OF THE INVESTIGATION, THE
COMMISSION SHALL DETERMINE IF THERE IS A REASONABLE BASIS TO
BELIEVE THAT THERE ARE GROUNDS FOR DISCIPLINARY ACTION UNDER §
16-322 OF THIS SUBTITLE AGAINST AN APPLICANT OR LICENSEE.

(2)  (I) IF THE COMMISSION FINDS A REASONABLE BASIS AS
PROVIDED UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE COMMISSION
SHALL ACT ON THE COMPLAINT AS PROVIDED UNDER § 16-324 OF THIS
SUBTITLE.

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