<?xml version='1.0' encoding='utf-8'?>
<unit kind="division" number="15" name="Door-To-Door Solicitors" slug="division-15" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_5BULI_DIV15DO-DSO">
  <section number="5-201" name="Definitions" law="code" slug="sec-5-201" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_5BULI_DIV15DO-DSO_S5-201DE">
    <level label="a">
      <text>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:</text>
      <level label="1">
        <text>Commercial establishment shall include integrated shopping centers, shopping centers and shopping center parking lots.</text>
      </level>
      <level label="2">
        <text>Director means the Director of Permitting, Inspections, and Enforcement or the Director's duly authorized representative.</text>
      </level>
      <level label="3">
        <text>High-risk industry means any industry involved in:</text>
        <level label="A">
          <text>heating, ventilation, and air conditioning (HVAC),</text>
        </level>
        <level label="B">
          <text>roofing,</text>
        </level>
        <level label="C">
          <text>solar installation,</text>
        </level>
        <level label="D">
          <text>any industry the Director designates as a high-risk industry.</text>
        </level>
      </level>
      <level label="4">
        <text>Senior means any person aged sixty-five (65) or older</text>
      </level>
      <level label="5">
        <text>Solicitor of a commercial establishment means any person who goes from place-to-place or door-to-door visiting any commercial establishment for the purpose of:</text>
        <level label="A">
          <text>Selling or accepting subscriptions or orders for any goods, wares, merchandise, or services for the personal use, benefit, or pleasure of the owner or employees and not related to the business of the commercial establishment; or</text>
        </level>
        <level label="B">
          <text>accepting or requesting donations for any charitable purpose.</text>
        </level>
      </level>
      <level label="6">
        <text>Solicitor of a residential dwelling means any person who goes from place-to-place, house-to-house, or door-to-door visiting any residential dwelling for the purpose of:</text>
        <level label="A">
          <text>Selling or accepting subscriptions or orders for any goods, wares, merchandise, or services for the personal use, benefit or pleasure of the owner or residents; or</text>
        </level>
        <level label="B">
          <text>Accepting or requesting donations for any charitable purpose.</text>
        </level>
      </level>
    </level>
  </section>
  <section number="5-202" name="License required" law="code" slug="sec-5-202" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_5BULI_DIV15DO-DSO_S5-202LIRE">
    <text>Any person who intends to act in the capacity of a solicitor shall, prior to entering into or upon any residential dwelling or commercial establishment within the County to act in such capacity, obtain a license therefor from the Director, except those persons, partnerships, or corporations specifically exempted under Sections 5-207.06 and 5-207.07 of this Division.</text>
  </section>
  <section number="5-203" name="Application; door-to-door solicitor's license" law="code" slug="sec-5-203" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_5BULI_DIV15DO-DSO_S5-203APDO-DSOLI">
    <level label="a">
      <text>Application for a solicitor's license shall be made upon a form prescribed by the Director.</text>
    </level>
    <level label="b">
      <text>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:</text>
      <level label="1">
        <text>The name, local and permanent address, age, weight, height, color of hair and eyes, and any other distinguishing physical characteristics of the applicant;</text>
      </level>
      <level label="2">
        <text>The nature or purpose for which solicitations will be made and the nature of the goods, wares, service, and/or merchandise offered for sale;</text>
      </level>
      <level label="3">
        <text>The name and address of the applicant's employer and/or organization represented; and if the organization is a "charitable organization," as defined by Title 6, Business Regulation Article, Annotated Code of Maryland, a statement that the organization has complied with the requirements of Title 6, Business Regulation Article, Annotated Code of Maryland;</text>
      </level>
      <level label="4">
        <text>Two prints of a recent and clear photograph, 2" × 2" in size, showing the head and shoulders of the applicant;</text>
      </level>
      <level label="5">
        <text>If a vehicle is to be used in connection with soliciting, a description of the same, together with the license tag number and the State in which the vehicle is registered;</text>
      </level>
      <level label="6">
        <text>A statement as to whether the applicant has ever been convicted of a felony or misdemeanor, and; if so, the nature of the offense, when and where convicted, and the penalty or punishment imposed therefor;</text>
      </level>
      <level label="7">
        <text>The names of at least two (2) references, unrelated to the applicant, who will certify as to the applicant's good character and business responsibility; and,</text>
      </level>
      <level label="8">
        <text>The name and address of a person resident in the County designated by the applicant as authorized to accept all lawful processes in any action or proceeding instituted, filed, or pending against the applicant with respect to the application of any provision of this Division.</text>
      </level>
    </level>
    <level label="c">
      <text>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.</text>
    </level>
    <level label="d">
      <text>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.</text>
    </level>
    <level label="e">
      <text>Any applicant engaged in a high-risk industry will be subject to:</text>
      <level label="1">
        <text>A criminal background check and fingerprinting through the Maryland Department of Public Safety and Correctional Services (DPSCS). The applicant is responsible for all costs of services.</text>
      </level>
      <level label="2">
        <text>Mandatory consumer protection and elder fraud awareness training, administered by the Department of Family Services or through a course approved by the Department of Family Services.</text>
      </level>
    </level>
    <level label="f">
      <text>Every application shall be signed and certified that the information given thereon is true and correct. The signature shall be that of the applicant.</text>
    </level>
  </section>
  <section number="5-204" name="Issuance of license" law="code" slug="sec-5-204" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_5BULI_DIV15DO-DSO_S5-204ISLI">
    <level label="a">
      <text>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.</text>
    </level>
    <level label="b">
      <text>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.</text>
    </level>
    <level label="c">
      <text>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.</text>
    </level>
    <level label="d">
      <text>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.</text>
    </level>
    <level label="e">
      <text>No license issued under this Division shall be transferred or assigned to any person other than the person to whom it was issued.</text>
    </level>
    <level label="f">
      <text>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.</text>
    </level>
  </section>
  <section number="5-205" name="License: description; to be carried on person" law="code" slug="sec-5-205" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_5BULI_DIV15DO-DSO_S5-205LIDEBECAPE">
    <level label="a">
      <text>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.</text>
    </level>
    <level label="b">
      <text>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.</text>
    </level>
    <level label="c">
      <text>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:</text>
      <level label="1">
        <text>All such badges are first submitted to and approved by the Director.</text>
      </level>
      <level label="2">
        <text>One design is used for all such employees and agents.</text>
      </level>
      <level label="3">
        <text>The badge contains such information as required by the Director, including, but not limited to, the name of the licensee, the name of principal, expiration date, and a disclaimer stating that possession does not constitute endorsement by the County.</text>
      </level>
      <level label="4">
        <text>The said principal thereby immediately assumes responsibility to secure proper distribution of the license and its return upon expiration.</text>
      </level>
      <level label="5">
        <text>Any unauthorized use thereof, or fraud or misrepresentation perpetuated by the use thereof in any unauthorized manner, is actionable against the person undertaking such distribution.</text>
      </level>
    </level>
    <level label="d">
      <text>No license shall be valid unless it bears the signature of the Director or his lawful designate and has his official seal affixed thereto.</text>
    </level>
  </section>
  <section number="5-206" name="License; bond required" law="code" slug="sec-5-206" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_5BULI_DIV15DO-DSO_S5-206LIBORE">
    <level label="a">
      <text>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.</text>
    </level>
    <level label="b">
      <text>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.</text>
    </level>
    <level label="c">
      <text>That cash or corporate bond shall run to the County and shall be conditioned that the licensee shall:</text>
      <level label="1">
        <text>Pay any judgment rendered against him by a court of competent jurisdiction as a result of services rendered or not rendered, or materials supplied in connection with the contract of solicitation; and,</text>
      </level>
      <level label="2">
        <text>Comply fully with all provisions of the laws and ordinances of the County and such statutes of the State regulating and concerning the business of soliciting and guaranteeing to any citizen of the County doing business with such solicitor that the property or goods purchased shall be delivered according to the representations of the solicitor.</text>
      </level>
    </level>
    <level label="d">
      <text>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.</text>
    </level>
    <level label="e">
      <text>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.</text>
    </level>
    <level label="f">
      <text>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.</text>
    </level>
    <level label="g">
      <text>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.</text>
    </level>
  </section>
  <section number="5-207" name="License: fees" law="code" slug="sec-5-207" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_5BULI_DIV15DO-DSO_S5-207LIFE">
    <text>A fee as prescribed in the Table of Fees, section 2-253.63, Attachment A shall be paid by an applicant when the initial application for a license is filed pursuant to Section 5-203 of this Division, and such fee shall be nonrefundable.</text>
  </section>
  <section number="5-207.01" name="License: denial, suspension, revocation" law="code" slug="sec-5-207.01" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_5BULI_DIV15DO-DSO_S5-207.01LIDESURE">
    <level label="a">
      <text>The Director is hereby authorized to deny, suspend, or revoke any license issued under this Division if he finds that:</text>
      <level label="1">
        <text>The applicant for a license or the licensee has willfully and deliberately engaged in a course of conduct which is in violation of any provision of this Division;</text>
      </level>
      <level label="2">
        <text>The applicant for a license or the licensee has repeatedly demonstrated a disregard for compliance with any provision or provisions of this Division;</text>
      </level>
      <level label="3">
        <text>A court of competent jurisdiction has made a final determination against the applicant for a license or the licensee of guilt of criminal activity with respect to any of the crimes identified in Section 5-204 of this Division;</text>
      </level>
      <level label="4">
        <text>The applicant for a license or the licensee has been denied a solicitor's license or had such a license suspended or revoked by another jurisdiction which regulates solicitors;</text>
      </level>
      <level label="5">
        <text>The applicant for the license or the licensee has willfully and deliberately engaged in a course of conduct which is in violation of any provision of the Consumer Protection Ordinance or the consumer protection laws of the State; or</text>
      </level>
      <level label="6">
        <text>The applicant for a license or the licensee has demonstrated a repeated disregard or failure to comply with any provision of the Consumer Protection Ordinance or the consumer protection laws of the State.</text>
      </level>
    </level>
    <level label="b">
      <text>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.</text>
    </level>
    <level label="c">
      <text>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.</text>
    </level>
    <level label="d">
      <text>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.</text>
    </level>
    <level label="e">
      <text>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.</text>
    </level>
  </section>
  <section number="5-207.02" name="License: appeals" law="code" slug="sec-5-207.02" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_5BULI_DIV15DO-DSO_S5-207.02LIAP">
    <text>Any party aggrieved by a decision of the Director with respect to the denial, suspension, or revocation of a license shall have the right to appeal any such decision to the Board of Appeals for Prince George's County, Maryland, within ten (10) calendar days after receipt of a denial, suspension, or revocation decision rendered by the Director. Appeals to the Board of Appeals from denial, suspension, or revocation decisions of the Director shall be on the record of the hearing before the Director.</text>
  </section>
  <section number="5-207.03" name="License: renewal; loss or mutilation; fees" law="code" slug="sec-5-207.03" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_5BULI_DIV15DO-DSO_S5-207.03LIRELOMUFE">
    <level label="a">
      <text>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.</text>
    </level>
    <level label="b">
      <text>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.</text>
    </level>
  </section>
  <section number="5-207.04" name="Solicitation: receipt or copy of contract required; cancellation" law="code" slug="sec-5-207.04" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_5BULI_DIV15DO-DSO_S5-207.04SORECOCORECA">
    <level label="a">
      <text>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.</text>
    </level>
    <level label="b">
      <text>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:</text>
      <level label="1">
        <text>The right for seniors to cancel within seven (7) business days.</text>
      </level>
      <level label="2">
        <text>A checklist of suggested safeguards for seniors.</text>
      </level>
      <level label="3">
        <text>A signature line confirming receipt and understanding by the senior.</text>
      </level>
    </level>
  </section>
  <section number="5-207.05" name="Prohibited acts" law="code" slug="sec-5-207.05" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_5BULI_DIV15DO-DSO_S5-207.05PRAC">
    <level label="a">
      <text>No licensee shall:</text>
      <level label="1">
        <text>Remain in a private residence or commercial establishment or on the premises thereof after the owner or occupant has requested the licensee to leave; or,</text>
      </level>
      <level label="2">
        <text>Enter into or upon the premises of a private residence or commercial establishment for soliciting, when the owner or occupant thereof has displayed a "No Soliciting" sign on such premises; or,</text>
      </level>
      <level label="3">
        <text>Enter upon residential premises for soliciting during nighttime. Nighttime is defined in Section 1-102(a)(18) of this Code.</text>
      </level>
    </level>
  </section>
  <section number="5-207.06" name="Exemptions" law="code" slug="sec-5-207.06" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_5BULI_DIV15DO-DSO_S5-207.06EX">
    <level label="a">
      <text>The provisions of this Division shall not apply to the following:</text>
      <level label="1">
        <text>Solicitors representing a civic or charitable organization who receive no compensation for soliciting either by way of salary or commission, subject to the following conditions:</text>
        <level label="A">
          <text>No later than thirty (30) calendar days prior to the commencement of any period of solicitation, the organization has filed a completed application with the Director in order to be granted an exemption from the provisions of this Division on an application form prescribed by the Director for that purpose. In addition to such additional 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:</text>
          <level label="i">
            <text>The name, address, and telephone number of the applicant organization; for purposes of this Section, the Director is authorized to require the applicant organization to submit written evidence verifying its civic or charitable status, including a copy of a written ruling by the United States Internal Revenue Service establishing the nonprofit nature or status of the applicant organization;</text>
          </level>
          <level label="ii">
            <text>The nature or purpose for which solicitations will be made and, if applicable, the nature of the goods, wares, service, and/or merchandise offered for sale;</text>
          </level>
          <level label="iii">
            <text>The dates during which solicitations will be made and an identification of the area or areas of the County within which solicitations will be made; and</text>
          </level>
          <level label="iv">
            <text>Five (5) current copies of the identification card to be used by each solicitor representing the applicant organization within the County; the identification card of each applicant organization shall include the name of the applicant organization and adequate space for the recording of the County exemption number issued to the applicant organization by the Director and the name of the solicitor to whom the identification card is issued by the applicant organization.</text>
          </level>
        </level>
        <level label="B">
          <text>Upon receipt of a completed application form as required in subparagraph (A), above, the Director shall issue to the applicant organization a County exemption number exempting said organization from the provisions of this Division and authorizing said organization to solicit within the County for a specified period not to exceed ninety (90) calendar days.</text>
        </level>
        <level label="C">
          <text>Each organization which is granted an exemption from the provisions of this Division as authorized under this section, shall be responsible for issuing the identification card described in subparagraph (A)(iv), above, to each solicitor representing the organization within the County. Each organization shall be responsible for insuring that the name of the solicitor and the County exemption number are clearly recorded on each identification card. The organization shall maintain a current list 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.</text>
        </level>
        <level label="D">
          <text>Each solicitor representing an organization which is granted an exemption under this paragraph shall carry his identification card with him at all times while engaged in soliciting and shall display said identification card to the prospective buyer or donor prior to making any solicitation. Each such solicitor shall permit any person, upon request, to personally inspect his identification card, including any police officer or County inspector of licenses who makes such request.</text>
        </level>
        <level label="E">
          <text>Notwithstanding any other provision of this Division, the provisions of Sections 5-207.05 and 5-207.08 shall apply in their entirety to solicitors representing organizations which have been granted an exemption under this Section.</text>
        </level>
      </level>
      <level label="2">
        <text>Newsboys soliciting subscriptions to any newspapers published in the County, the State, or the District of Columbia.</text>
      </level>
      <level label="3">
        <text>Route deliverymen who make deliveries at least once a week to regular customers and whose solicitation is only incidental to their regular deliveries.</text>
      </level>
      <level label="4">
        <text>Any person holding a valid license as a real estate broker, an associate real estate broker, or a real estate salesman as issued by the Real Estate Commission of the State of Maryland pursuant to the provisions of Title 17, Business Occupations and Professions Article, Annotated Code of Maryland.</text>
      </level>
      <level label="5">
        <text>Any employee of a retail business establishment operating at a fixed location, where the employee visits a consumer's home in response to the unsolicited request of the consumer for the purpose of installing or servicing merchandise or equipment purchased from said business by the consumer or for the purpose of displaying to the consumer merchandise or equipment being offered for retail sale by said business and/or accepting purchase orders for any such merchandise or equipment.</text>
      </level>
    </level>
  </section>
  <section number="5-207.07" name="License: code of ethics exemption" law="code" slug="sec-5-207.07" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_5BULI_DIV15DO-DSO_S5-207.07LICOETEX">
    <level label="a">
      <text>The provisions of this Division shall not apply to solicitors representing companies, firms, corporations, or partnerships which:</text>
      <level label="1">
        <text>Subscribe to and are bound by a policy statement, code or regulation established either by the company, firm, corporation or partnership individually or subscribe to the policy statement, code or regulation of a recognized trade association of which the applicant company, firm, corporation or partnership is a member in good standing and which policy statement, code or regulation requires:</text>
        <level label="A">
          <text>That the offer of products or services for sale, either through oral representation or advertising literature, shall be truthful and accurate as to price, grade, quality, make, value, performance, quantity, currency of model, and availability;</text>
        </level>
        <level label="B">
          <text>That the terms of any guarantee offered by the solicitor in connection with the sale shall be furnished to the buyer in writing and shall clearly state the nature and extent of such guarantee; and,</text>
        </level>
        <level label="C">
          <text>That the policy statement, code or regulation prohibits the initiation or continuation of any deceptive or unlawful trade practices as defined by any statute or ordinance in force and effect within Prince George's County, Maryland.</text>
        </level>
      </level>
      <level label="2">
        <text>Recognize a responsibility to consumers for violations of either its policy statement, code or regulation or deceptive and/or unlawful trade practice statutes by its solicitors or representatives, even if the company had no knowledge of such violations when such lack of knowledge is a result of failure by the company to establish procedures whereby it would be kept informed of the activity of its solicitors and representatives.</text>
      </level>
      <level label="3">
        <text>Have established a procedure for processing consumer complaints within a reasonable time and providing consumer redress if, after the fact finding is completed, it is determined that the consumer was aggrieved by a violation of the policy statement, code regulation or a statutory deceptive or unlawful trade practice; and,</text>
      </level>
      <level label="4">
        <text>Have fully complied with any order finding the company, firm, corporation, or partnership in violation of the consumer protection laws of the State, after any such order becomes final because of the expiration of the appeal period or the termination of judicial review.</text>
      </level>
    </level>
    <level label="b">
      <text>Application for the exemption provided in Subsection (a) of this Section shall be completed by filing the following information with the Director:</text>
      <level label="1">
        <text>Five (5) current copies of the policy statement, code, or regulation which meets the requirements as specified in paragraph (a), above;</text>
      </level>
      <level label="2">
        <text>The name of the company, firm, corporation, or partnership subscribing thereto, complete with the address, telephone number and the name of the executive within the company, firm, corporation, or partnership, designated to administer the policy statement, code, or regulation. In the case of a trade association policy statement, code, or regulation, the association may submit the above required information on behalf of a member company which declares an exemption under Subsection (a), hereof, along with the name of the person, officer, agent, or employee in charge of administering the trade association's policy statement, code or regulation program. All applications shall include a listing of the company, firm, corporation, or partnership seeking the exemption program, and shall be notarized and signed by the Chief Executive Officer of the company, firm, corporation or partnership seeking the exemption; and,</text>
      </level>
      <level label="3">
        <text>The applicant shall designate, on a form provided by the Director, the Director as resident agent for the purpose of accepting service of process in any action or proceeding instituted, filed or pending against the applicant with respect to the application of any provision of this Division. The Director shall forward, by certified mail, a copy of any such process to the person designated by the applicant as authorized to receive such process.</text>
      </level>
    </level>
    <level label="c">
      <text>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.</text>
    </level>
    <level label="d">
      <text>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.</text>
    </level>
    <level label="e">
      <text>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.</text>
    </level>
    <level label="f">
      <text>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.</text>
    </level>
    <level label="g">
      <text>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.</text>
      <level label="1">
        <text>Upon receipt of a consumer complaint against a company, firm, corporation, or partnership granted an exemption under this Section, the Director shall forward the information surrounding the complaint to the person, officer, agent or employee designated by the company, firm, corporation, or partnership or trade association on its exemption application to receive such complaints. The complaint information thus forwarded shall contain the following:</text>
        <level label="A">
          <text>The name and address of the consumer;</text>
        </level>
        <level label="B">
          <text>The name or trade name of product purchased;</text>
        </level>
        <level label="C">
          <text>The name of the company, firm, corporation, or partnership which manufactures and/or distributes the product, if such name differs from the trade name of the product itself;</text>
        </level>
        <level label="D">
          <text>The name of the sales representative involved in the transaction, if known;</text>
        </level>
        <level label="E">
          <text>The purchase date (if known); and,</text>
        </level>
        <level label="F">
          <text>The identifying contract or receipt numbers, if available.</text>
        </level>
      </level>
      <level label="2">
        <text>Upon receipt of a consumer complaint or an official complaint against a company, firm, corporation, or partnership granted an exemption under this Section, where such complaint alleges a violation of a deceptive or unlawful trade practice statute in force and effect within Prince George's County, Maryland, the Director shall forward the information surrounding the allegation to the person, officer, agent or employee designated by the company, firm, corporation, partnership, or trade association on its exemption application to receive such complaints.</text>
      </level>
      <level label="3">
        <text>Each company, firm, corporation, or partnership or trade association authorized to act for such company, firm, corporation or partnership, granted an exemption under this Section, shall file a written statement with the Director containing the disposition of any written complaints against such company forwarded to it by the Director. The statement shall include the findings of fact upon which the action taken is based. It shall be filed with the Director within a reasonable time which, for purposes of this Section, shall be defined as twenty (20) business days from the date of receipt of such written complaint by the person, officer, agent or employee designated by the company, firm, corporation, partnership, or trade association to receive such material.</text>
      </level>
    </level>
    <level label="h">
      <text>The following shall be grounds for the revocation of the exempt status provided in this Section.</text>
      <level label="1">
        <text>Any company, firm, corporation, or partnership granted an exemption under this Section which fails to honor the provisions of the policy statement, code or regulation upon which such exemption was granted or which violates any of the other requirements for obtaining and maintaining such exemption shall constitute grounds for the revocation of the exempt status of that company, firm, corporation, or partnership.</text>
      </level>
      <level label="2">
        <text>The authority to revoke the exempt status shall be in the discretion of the Director who shall consider the following criteria in making such determination:</text>
        <level label="A">
          <text>Failure by the company, firm, corporation, or partnership to file any satisfactory response with the Director concerning a consumer complaint(s) forwarded by the Director to the person, officer, agent or employee designated by that company, firm, corporation, or partnership to receive such information;</text>
        </level>
        <level label="B">
          <text>Failure to return money or replace products which were received by the consumer in a defective condition;</text>
        </level>
        <level label="C">
          <text>Failure to deliver products ordered by the consumer;</text>
        </level>
        <level label="D">
          <text>Failure to correct or adequately explain repeated allegations of violations of statutory deceptive or unlawful trade practices in force and effect within Prince George's County, Maryland, by the company, firm, corporation, partnership or trade association or violation of the policy statement, code or regulation filed with the Director as part of the exemption application, even where a sale did not result, when such allegations have been forwarded by the Director to the person, officer, agent or employee designated by that company, firm, corporation or partnership to receive such material;</text>
        </level>
        <level label="E">
          <text>An order finding the company, firm, corporation, or partnership in violation of the Consumer Protection Ordinance or the consumer protection laws of the State, after any such order becomes final because of the expiration of the appeal period or the termination of judicial review; or,</text>
        </level>
        <level label="F">
          <text>The voluntary or involuntary termination of membership in a trade association, where the exemption provided under this Section was granted on the basis of adherence to the trade association code of ethics.</text>
        </level>
      </level>
    </level>
    <level label="i">
      <text>The following procedures shall apply to the revocation of the exempt status provided in this Section.</text>
      <level label="1">
        <text>Prior to a revocation of exemption becoming final, the Director shall first afford the company, firm, corporation, or partnership 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 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.</text>
      </level>
      <level label="2">
        <text>Where the Director renders a decision revoking the exemption of a company, firm, corporation, or partnership, and when such decision becomes final because of the expiration of the appeal period or the termination of administrative and/or judicial review, all representatives or solicitors representing such company, firm, corporation, or partnership within the County shall immediately make application to the Director for the door-to-door solicitor's license required under this Division, where said solicitors and representatives intend to continue to solicit within the County.</text>
      </level>
      <level label="3">
        <text>Any company, firm, corporation, or partnership whose exempt status, as provided under this Section, is revoked by the Director shall not be eligible to reapply for another exemption for a period of three (3) calendar years from the date said revocation order by the Director becomes final because of the expiration of the appeal period or the termination of judicial review.</text>
      </level>
      <level label="4">
        <text>Any company, firm, corporation, or partnership aggrieved by a decision of the Director to revoke the exempt status provided in this Section shall have the right to appeal such decision to the Board of Appeals for Prince George's County, Maryland, within ten (10) calendar days after the date of receipt of a revocation decision by the Director. Any such appeal shall be on the record of the hearing before the Director.</text>
      </level>
    </level>
    <level label="j">
      <text>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.</text>
    </level>
  </section>
  <section number="5-207.08" name="Hours of solicitation" law="code" slug="sec-5-207.08" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_5BULI_DIV15DO-DSO_S5-207.08HOSO">
    <text>No solicitation shall be conducted except between the hours of 9:00 A.M. and 9:00 P.M. each day; provided, that solicitations may be made where the person solicited has agreed by previously arranged appointment for a time other than the prescribed hours.</text>
  </section>
  <section number="5-207.09" name="Penalty for violations of act" law="code" slug="sec-5-207.09" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_5BULI_DIV15DO-DSO_S5-207.09PEVIAC">
    <level label="a">
      <text>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.</text>
    </level>
    <level label="b">
      <text>Any person in violation of Section 5-207.04 shall be subject to:</text>
      <level label="1">
        <text>One Thousand Dollars $1,000 for a first offense</text>
      </level>
      <level label="2">
        <text>Three Thousand Dollars $3,000 for a second offense.</text>
      </level>
      <level label="3">
        <text>Five Thousand Dollars $5,000 for a third offense, revocation of license, and imprisonment not to exceed six (6) months.</text>
      </level>
    </level>
    <level label="c">
      <text>Any person in violation of Section 5-207.05 shall be subject to a fine of:</text>
      <level label="1">
        <text>One Thousand Dollars $1,000 for a first offense</text>
      </level>
      <level label="2">
        <text>Three Thousand Dollars $3,000 for a second offense.</text>
      </level>
      <level label="3">
        <text>Five Thousand Dollars $5,000 for a third offense, revocation of license, and imprisonment not to exceed six (6) months.</text>
      </level>
    </level>
    <level label="d">
      <text>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.</text>
    </level>
  </section>
  <section number="5-207.10" name="Solicitation Protection Rapid Response Force" law="code" slug="sec-5-207.10" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_5BULI_DIV15DO-DSO_S5-207.10SOPRRAREFO">
    <level label="a">
      <text>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.</text>
    </level>
    <level label="b">
      <text>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.</text>
    </level>
  </section>
</unit>
