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PARRIS N. GLENDENING, Governor
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Ch. 522
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(II) REPEATED UNSATISFIED ARBITRATION AWARDS AGAINST THE
APPLICANT OR REGISTERED HOME BUILDER BASED ON INCOMPLETE OR
SUBSTANDARD WORK THAT RESULTS IN THE CONSUMERS, IN WHOSE NAMES THE
ARBITRATION AWARDS ARE ENTERED, FILING COMPLAINTS WITH THE DIVISION
UNDER THIS SUBTITLE; OR
(III) AN UNSATISFIED FINAL JUDGMENT THAT RESULTS IN A
CONSUMER IN WHOSE NAME THE JUDGMENT IS ENTERED, FILING A COMPLAINT
WITH THE DIVISION UNDER TITLE 13 OF THE COMMERCIAL LAW ARTICLE;
(10) REPEATEDLY ENGAGED IN FRAUD, DECEPTION,
MISREPRESENTATION, OR KNOWING OMISSIONS OF MATERIAL FACTS RELATED TO
HOME BUILDING CONTRACTS;
(11) HAD A SIMILAR REGISTRATION OR LICENSE DENIED, SUSPENDED,
OR REVOKED IN ANOTHER STATE OR JURISDICTION; OR
(12) HAD THE RENEWAL OF A SIMILAR REGISTRATION OR LICENSE
DENIED FOR ANY CAUSE OTHER THAN FAILURE TO PAY A RENEWAL FEE.
(B) (1) THE DIRECTOR UNIT MAY DENY A REGISTRATION TO A
NONPUBLICLY TRADED APPLICANT OR SUSPEND OR REVOKE A REGISTRATION OF A
NONPUBLICLY TRADED REGISTRANT IF A PRINCIPAL OF THE APPLICANT OR
REGISTRANT, OTHER THAN A FINANCIAL INSTITUTION OR A NONPROFIT
ORGANIZATION, THAT OWNS AT LEAST 10 PERCENT OF THE APPLICANT OR
REGISTRANT, WAS A PRINCIPAL OF A HOME BUILDER THAT HAD A SIMILAR
REGISTRATION OR LICENSE DENIED, SUSPENDED, OR REVOKED BY THE DIRECTOR
UNIT OR IN ANOTHER STATE OR JURISDICTION FOR ANY CAUSE OTHER THAN A
FAILURE TO PAY A RENEWAL FEE IF THE DIRECTOR UNIT DETERMINES THAT THE
INTERESTS OF THE PUBLIC CANNOT BE PROTECTED IF THE APPLICANT OR
REGISTRANT IS ALLOWED TO ACT AS A HOME BUILDER IN THE STATE.
(2) FOR THE PURPOSES OF THIS SUBSECTION, THE INTERESTS OF A
PRINCIPAL INCLUDE INTERESTS HELD BY THE PARENTS, SPOUSE, OR CHILDREN OF
THE PRINCIPAL.
(C) THE DIRECTOR UNIT SHALL PROVIDE AN APPLICANT OR REGISTRANT
NOTICE AND AN OPPORTUNITY TO REQUEST A HEARING UNDER TITLE 10, SUBTITLE
2 OF THE STATE GOVERNMENT ARTICLE TO CONTEST A PROPOSED DISCIPLINARY
ACTION.
SUBTITLE 4. COMPLAINTS REMEDIES.
4.5-101.
(A) THE DIVISION SHALL ENCOURAGE THE OWNER OR BUYER TO PURSUE
RESOLUTION OF THE DISPUTE PURSUANT TO THE EXISTING CONTRACT.
(B) THE OWNER OWNERS OR BUYER'S REMEDIES UNDER THIS SUBTITLE
SHALL NOT SUPERSEDE ANY CONSUMER CONTRACTUAL OBLIGATIONS, AND ARE IN
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- 2793 -
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