Ch. 3

LAWS OF MARYLAND

EACH LICENSEE WHO THE COMMISSION FINDS RESPONSIBLE FOR THE
ACT OR OMISSION THAT GAVE RISE TO A CLAIM IS JOINTLY AND
SEVERALLY LIABLE FOR THE CLAIM.

(C)  SUIT FOR NONPAYMENT.

IF A LICENSEE DOES NOT REIMBURSE THE GUARANTY FUND    AS

PROVIDED IN SUBSECTION (A) OF THIS SECTION, THE COMMISSION OR  THE

STATE CENTRAL COLLECTION UNIT, AS ASSIGNEE OF THE COMMISSION,   MAY

BRING AN ACTION AGAINST THE LICENSEE FOR THE AMOUNT THAT HAS  NOT
BEEN REIMBURSED.

(D)  JUDGMENT.

THE COMMISSION OR THE STATE CENTRAL COLLECTION UNIT, AS
ASSIGNEE OF THE COMMISSION, SHALL BE ENTITLED TO A JUDGMENT FOR
THE AMOUNT THAT THE LICENSEE HAS NOT REIMBURSED THE GUARANTY FUND
IF THE COMMISSION PROVES THAT:

(1)  PAYMENT WAS MADE BY THE GUARANTY FUND BASED ON AN
ACT OR OMISSION FOR WHICH THE COMMISSION FOUND THE LICENSEE WAS
RESPONSIBLE;

(2)  A PERIOD OF AT LEAST 30 DAYS HAS PASSED SINCE
PAYMENT WAS MADE BY THE GUARANTY FUND; AND

(3)  THE LICENSEE HAS NOT REIMBURSED THE GUARANTY FUND
FOR THE AMOUNT FOR WHICH THE JUDGMENT IS SOUGHT.

(E)  BANKRUPTCY PROCEEDINGS.

FOR THE PURPOSE OF EXCEPTING TO A DISCHARGE OF A LICENSEE
UNDER 11 U.S.C. § 523, THE COMMISSION OR THE STATE CENTRAL
COLLECTION UNIT, AS ASSIGNEE OF THE COMMISSION, IS A CREDITOR OF
THE LICENSEE FOR THE AMOUNT THAT WAS PAID BY THE GUARANTY FUND
BUT THAT HAS NOT BEEN REIMBURSED BY THE LICENSEE.

REVISOR'S NOTE: This section formerly appeared as Art. 56A,
§ 4-411.

The only changes are in style.

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

16-412. 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.

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