Division 15. Door-To-Door Solicitors

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

Application for a solicitor's license shall be made upon a form prescribed by the Director.

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

The applicant, at the discretion of the Director, shall be required to supply the credentials of the business to be represented and evidence of the applicant's authorization to represent such business. Said credentials shall include evidence that said business has complied with all State and local laws applicable to or governing the operations and conduct of said business, including, but not limited to, the requirements of Article 23 of the Annotated Code of Maryland.

The applicant, at the discretion of the Director, shall be required to furnish a copy of the receipt or contract to be used in the course of solicitation to assure compliance with Section 5-207.04 of this Division.

Any applicant engaged in a high-risk industry will be subject to:

Every application shall be signed and certified that the information given thereon is true and correct. The signature shall be that of the applicant.

The Director, upon receipt of a completed application accompanied by the proper fee and delivery by the applicant of the bond required under Section 5-206 of this Division, shall issue a license to the applicant, unless the Director finds after reasonable investigation, that the applicant is not in compliance with the provisions of this Division or is not of good moral character.

In determining good moral character, the reputation of the applicant, his original record, if any, and license history in this and/or other jurisdictions shall be considered by the Director. Emphasis in reaching a decision on moral character shall be given to any convictions for crimes of violence, sex offenses, violations of gaming, narcotics, alcoholic beverage laws, and fraud. No person shall be denied a license solely on the grounds of previous convictions or penal servitude, if, in fact, his record, conduct, and habits for a period of three (3) years after conviction or release, whichever is later, indicate that he is a proper person to be licensed under the standards of this Division.

In determining qualifications for the issuance of a license, the Director shall consider past violations of this Division and other State and local laws by the business to be represented, including, but not limited to, compliance with cease and desist orders, orders for restitution, and other appropriate relief ordered against said business.

Unless sooner suspended or revoked, a license issued under this Section shall expire one (1) calendar year from the date of issuance and may be renewed in accordance with the provisions of Section 5-207.03 of this Division.

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

If, during the period for which a license is issued, there is any change in the factual information furnished by the licensee to the Director under Section 5-203(b), (1) through (8) inclusive of this Division, such change shall be fully, truly, and promptly communicated by the licensee to the Director in writing, upon a form provided by the Director for that purpose.

A license issued pursuant to this Division shall show the name and address of the solicitor, the name and address of the business to be represented, the date of issuance and expiration of the license, and one (1) of the photographs submitted by the licensee shall be attached to the license.

Every licensee shall carry his license with him at all times while engaged in soliciting and shall display said license to the prospective buyer prior to making any solicitation. Every licensee shall permit any person, upon request, to personally inspect his license, including any police officer or County inspector of licenses who makes such request.

It shall be within the discretion of the Director to allow a person, partnership or corporation soliciting within the County to design its own badge to be worn by all its employees and agents located in the County; provided, that:

No license shall be valid unless it bears the signature of the Director or his lawful designate and has his official seal affixed thereto.

As a condition precedent to the issuance of a license under this Division, every person required to be licensed under this Division 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) or Five Thousand Dollars ($5,000) if the licensee is engaged in a high-risk industry.

In lieu of the individual bond specified in subsection (a), above, the Director may accept a bond filed by a person, partnership, or corporation which shall cover one (1) or more employees or agents of such person, partnership, or corporation soliciting in the County, and which fulfills the requirements of Subsection (a), above.

That cash or corporate bond shall run to the County and shall be conditioned that the licensee shall:

Any person who has been awarded a final judgment from any court of competent jurisdiction as a result of services rendered by a person required to be licensed under this Division shall have a right of action against such bond for the recovery of money, 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 therefor. 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 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 otherwise been disposed of.

Every person required to be licensed under this Division 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 Division to maintain at all times the cash or corporate bond in the amount required by this Section shall constitute grounds for revocation of such person's license by the Director in accordance with the procedures set forth in Section 5-207.01 of this Division. In the case of both cash and corporate bonds, a total amount of not less than Two Thousand Dollars ($2,000.00) for the aggregate of all claims shall be sufficient to satisfy the bonding requirements of this Section, except that any person engaged in a high-risk industry shall maintain a total amount of not less than Five Thousand Dollars ($5,000) for the aggregate of all claims.

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

No license shall be denied, suspended, or revoked hereunder without the Director first affording the applicant for the license or 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 therefor 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 Division 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 5-207.01, Subsection (a), paragraphs (1) through (6) inclusive, of this Division. 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.

Any licensee seeking renewal of a license shall be entitled to the same rights as are set forth in Subsections (b) and (c), above, regarding denial, suspension, or revocation.

Upon revocation or suspension, the licensee shall immediately return his license to the Director personally or through the Police Department or other authorized agent; and, upon failure to do so, the Director may request and direct that the license be confiscated and held pending final disposition.

The holder of any expiring license under this Division who desires a new license to be effective on the expiration of the existing license, shall, not less than thirty (30) nor more than sixty (60) days before the expiration of the license, file a written application for renewal with the Director, giving the information set forth in Section 5-203 of this Division and maintaining the bond required under Section 5-206 of this Division, except, that, at the discretion of the Director, new photographs shall not be required if the existing photograph is a good likeness. There shall be filed with the application, a renewal fee of Twenty-five Dollars ($25.00). The renewal period shall be one (1) year. The Director, in determining whether or not to renew a license, shall be guided by the provisions relating to issuance as set forth in Section 5-204 of this Division.

The holder of a license which is lost or mutilated shall report such a loss or mutilation to the Director immediately and shall pay a Five Dollar ($5.00) fee for the issuance of a duplicate license.

The licensee shall furnish the buyer with a fully completed receipt or copy of any contract pertaining to any sale at the time of execution. It shall include a space for indicating the date of the transaction, the name and address of the licensee, and in immediate proximity to the space reserved in the contract for the signature of the buyer or on the front page of the contract, a statement informing the buyer of his right to cancel the transaction at any time prior to midnight of the third (3rd) business day after the date of the transaction. The notice of cancellation shall be by writing or telegram at the licensee's place of business and shall be signed and dated by the buyer.

The licensee shall furnish the buyer with a senior consumer rights disclosure form that shall be created by the Department of Family Services. The Department of Family Services shall make these forms available to all licensees. The Department of Family Services' senior consumer rights disclosure shall contain but not limited to:

No licensee shall:

The provisions of this Division shall not apply to the following:

The provisions of this Division shall not apply to solicitors representing companies, firms, corporations, or partnerships which:

Application for the exemption provided in Subsection (a) of this Section shall be completed by filing the following information with the Director:

The Director shall issue to the applicant a County identification card for use by each representative and solicitor representing the applicant within the County. Each such identification card shall include the name of the County, the name of the applicant, a generalized statement of the product or service to be sold, an identification number, a disclaimer stating that possession does not constitute endorsement by the County, and adequate space for the recording of the name of the representative or solicitor to whom the identification card is issued by the applicant. The applicant shall be responsible for requiring each solicitor to clearly record the solicitor's name on the identification card issued to the solicitor by the applicant. The applicant shall maintain a current list, by identification number, of the names and addresses of all solicitors to whom the applicant has issued identification cards, and shall permit the Director, upon request, to inspect said list. The applicant shall be responsible for each identification card issued to the applicant by the Director and shall promptly return to the Director the identification cards of solicitors who cease to represent the applicant within the County. Each applicant shall pay to the Director a fee for the identification cards issued to the applicant by the Director. The fee shall be in the amount of Ten Dollars ($10.00) for each such identification card and Five Dollars ($5.00) for each duplicate identification card. The identification card shall expire one (1) year from the date of issue.

The Director, upon receipt of the information stipulated in Subsection (b) of this Section, shall grant an exemption to the company, firm, corporation, or partnership making application therefor, unless the Director finds that the applicant is not in full compliance with all of the conditions stipulated in Subsection (a) of this Section.

The provisions of Section 5-207.08 of this Division shall be applicable to any solicitor representing a company, firm, corporation, or partnership which is granted an exemption under this Section.

Each solicitor representing a company, firm, corporation, or partnership which is granted an exemption under this Section shall carry the required County identification card at all times while engaged in soliciting and shall display said identification card to the prospective buyer prior to making any solicitation. Each such solicitor shall permit any person, upon request, to personally inspect the County identification card, including any police officer or County inspector of licenses who makes such request.

The following procedures shall apply to the processing of any consumer complaint against a company, firm, corporation, or partnership granted an exemption under this Section.

The following shall be grounds for the revocation of the exempt status provided in this Section.

The following procedures shall apply to the revocation of the exempt status provided in this Section.

Nothing in this Section shall be construed to restrict or abridge the Director from exercising jurisdiction over any company, firm, corporation, or partnership which has been granted an exemption under this Section.

Any person required to be licensed under this Division who acts in the capacity of a door-to-door solicitor without first having obtained a license, or continues to act after a license has been denied, suspended, or revoked, shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to a fine not exceeding One Thousand Dollars ($1,000.00) or incarceration up to six (6) months in jail, or both such fine and imprisonment.

Any person in violation of Section 5-207.04 shall be subject to:

Any person in violation of Section 5-207.05 shall be subject to a fine of:

Any person found to have deceived or defrauded a senior through door-to-door solicitation shall be subject to a Five Thousand Dollar $5,000 fine and imprisonment not to exceed six (6) months.

The Director shall establish a Solicitation Protection Rapid Response Force to investigate reports of potential violations of Division 15. The Director shall maintain records documenting the response time for each report and the outcome of the investigation.

The Department of Family Services shall also direct the Solicitation Protection Rapid Response Force to establish a public outreach initiative on consumer protections. The Department of Family Services shall create the guidelines and partner with senior-serving organizations for the public outreach initiative.