WILLIAM DONALD SCHAEFER, Governor                        Ch. 3

(A)  RIGHT TO PARTICIPATE IN HEARING.

THE COMMISSION SHALL GIVE THE CLAIMANT AND THE LICENSEE OR
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.

REVISOR'S NOTE: This section formerly appeared as Art. 56A,
§ 4-408.

The only changes are in style.

Defined terms: "Commission" § 16-101
"License" § 16-101

16-409. 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:

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