Subtitle 26A. Motor Vehicle Repair

For purposes of this Subtitle, the following words and phrases shall have the meanings respectively ascribed to them by this Section, except where the context otherwise requires:

Application for a motor vehicle repair facility license shall be made upon a form prescribed by the Director.

In addition to such other information as the Director may reasonably deem as necessary for purposes of the implementation, administration, and enforcement of this Subtitle, the application shall state the following:

Every application shall be signed and certified that the information given thereon is true and correct. The signature shall be that of the applicant if the applicant is an individual; or if the applicant is a partnership or corporation, the signature shall be that of an officer or partner thereof.

Every application shall be accompanied by the fee required in this Subtitle, as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website.

As a condition precedent to the issuance of a license, every person required to be licensed under this Subtitle as an operator of a motor vehicle repair facility shall deliver to the Director a receipt for a cash bond received from the County Director of Finance or a corporate bond executed by a surety company qualified to do business in the State of Maryland in the amount of Two Thousand Dollars ($2,000.00).

The cash or corporate bond shall run to the County and shall be conditioned that the licensee shall pay any judgment rendered against him by any court of competent jurisdiction as a result of services rendered or materials supplied in connection with the operation of the licensee's motor vehicle repair facilities as required to be licensed under the provisions of this Subtitle.

Any person who has been awarded a final judgment from any court of competent jurisdiction as a result of services rendered or materials supplied by a person required to be licensed under this Subtitle shall have a right of action against such bond for the recovery of money, or damages, or both, in any court of competent jurisdiction. In the event that the judgment is not satisfied after the judgment holder has made reasonable efforts to execute on the judgment, the County, on behalf of the judgment holder, may make demand on the surety company for the maximum amount of the bond or the amount of the judgment obtained plus interest and costs, whichever is less.

Cash bonds shall be deposited with the County Director of Finance and he shall issue duplicate receipts therefore. Such cash bonds shall be maintained by the County Director of Finance in a special, interest-bearing account for three (3) years after the date of the expiration of the license or the date of the expiration of any renewal period for which such bond was deposited by the licensee. If the County Director of Finance is notified in writing that a suit has been filed against any such licensee as a result of which a judgment may be payable out of such cash bond, the County Director of Finance shall retain such cash bond until such time as such suit has been reduced to judgment and the period for filing an appeal from such judgment has expired or the judgment debtor has waived in writing his right to take an appeal or until such time as such suit has been otherwise disposed of.

Every person required to be licensed under this Subtitle, who has deposited a cash bond with the County Director of Finance shall be entitled to a return of reasonable interest earned on such cash bond by the County in an amount not to exceed four percent (4%) simple interest per annum.

The failure of any person licensed under the provisions of this Subtitle to maintain at all times the cash or corporate bond in the amount required by this Section shall constitute grounds for the revocation of such person's license by the Director in accordance with the procedures set forth in Section 26A-109 of this Subtitle.

The Director, upon receipt of a completed application accompanied by the proper fee and delivery by the applicant of the bond required by Section 26A-104 of this Subtitle, and if satisfied that the applicant, as far as he is able to ascertain, is in compliance with the provisions of this Subtitle, shall issue to the applicant a license certificate which entitles the licensee to operate or cause to be operated motor vehicle repair facilities in the County.

Unless sooner suspended or revoked, the license shall expire one (1) calendar year from the date of issuance and may be renewed upon application and payment of the fee and maintenance of the bond required by this Subtitle.

If, during the period for which the license is issued there is any change in the factual information to the Director by the licensee under Section 26A-103(1), (2) or (4) of this Subtitle, the change shall be fully, truly, and promptly communicated by the licensee to the Director in writing, upon forms provided by the Director for that purpose.

Every licensee shall pay an annual license fee for each business location of the licensee in the County as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website.

If a license certificate is lost, mutilated or becomes illegible, the Director may issue a duplicate license certificate upon application and payment of a fee as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website.

No license certificate issued under this Section shall be transferred or assigned to any person other than the person to whom it was issued.

Notwithstanding any other provisions of this Subtitle, the Director may, in his discretion, establish a systematic method for administering the renewal of licenses under the Subtitle, including, but not limited to, establishing staggered renewal dates for existing licensees and prorating license fees based on such renewal dates. In no event shall the Director:

Every person to whom a motor vehicle repair facility license has been issued shall record all work performed on a motor vehicle, including warranty work, on an invoice and shall describe all service work done and parts supplied and the respective prices charged thereon. If any used, rebuilt, or reconditioned parts are supplied, the invoice shall clearly state that fact. If a part of a component system is composed of new or used, rebuilt, or reconditioned parts, such invoice shall clearly state that fact. If any parts, labor and/or workmanship supplied by the licensee are covered by warranties or guarantees, the licensee shall attach the warranty or guarantee statements, if any, to the customer's invoice or otherwise clearly note or record the terms and conditions of the warranties or guarantees on the customer's invoice. One copy of the invoice shall be given to the customer and one copy shall be retained by the motor vehicle repair facility licensee for at least one (1) year or for the length of any warranties or guarantees associated therewith, whichever is longer.

The motor vehicle repair facility licensee shall give to the customer, upon request, a written estimated price for labor and parts necessary for a specific job on a motor vehicle and shall not charge for work done or parts supplied in excess of ten percent (10%) of the estimated price without receiving the prior written or oral consent of the customer. The motor vehicle repair facility licensee may charge a reasonable fee for making the estimate, which fee shall be stated in writing to the customer prior thereto.

Upon the written request of the customer prior to the repair, the licensee shall retain all replaced parts from a motor vehicle for inspection by the customer at the time the motor vehicle is delivered to the customer. The customer shall also be entitled to retain any replaced parts, except parts required to be returned to the manufacturer or distributor under a warranty or guarantee agreement. The aforegoing provisions shall not apply to replaced parts which the licensee is required to deliver to the manufacturer or distributor in exchange for new, used, rebuilt or reconditioned parts.

The Director is hereby authorized to deny, suspend, or revoke any license issued under this Subtitle if the Director finds that:

No license shall be denied, suspended, or revoked hereunder without the Director first affording the licensee an opportunity for a hearing thereon. At least fifteen (15) calendar days prior to the date set for the hearing, the Director shall notify all parties to the proceedings in writing of the date, time, and place set for the hearing and the charge made, and afford all parties the opportunity to be heard in person and by counsel in reference thereto. The written notice shall be served by delivery of the notice to all parties by registered or certified mail. Within ten (10) working days following the hearing, the Director shall render a decision and the reasons thereon in writing and shall forward a copy of the same to all parties by certified or registered mail.

The Director may deny, suspend, or revoke any license issued under this Subtitle for a period of time determined by the Director to be just and reasonable in relation to the severity of the violations found to exist under Section 26A-109(a)(1), (2), or (3) of this Subtitle. The Director may suspend or revoke a license issued under this Subtitle with respect to one or more of the licensee's places of business. However, if a license has been denied or revoked, the applicant shall not be eligible to apply for another license for a period of six (6) months after the date on which the Director rendered a denial or revocation decision.