There is a State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors in the Department.

The Commission consists of 15 members. Of the 15 members of the Commission: at least 2 shall be certified general real estate appraisers; 2 shall be certified general real estate appraisers, certified residential real estate appraisers, or licensed real estate appraisers; 2 shall be representatives of a financial institution who are not certified or licensed real estate appraisers or home inspectors; 4 shall be licensed home inspectors, each of whom shall have held a license as a home inspector in the State for at least 5 years; 4 shall be consumer members; and 1 shall be a representative of an appraisal management company registered under Subtitle 5B of this title. The Governor shall: appoint the members with the advice of the Secretary and with the advice and consent of the Senate; and consider demographic and geographic diversity when making appointments to the Commission. Each member of the Commission shall be a citizen of the State. Each consumer member of the Commission: shall be a member of the general public; may not be a licensee, holder of a certificate, or otherwise be subject to regulation by the Commission; may not be required to meet the qualifications for the professional members of the Commission; and may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Commission. While a member of the Commission, a consumer member may not: have a financial interest in or receive compensation from a person regulated by the Commission; or grade any examination given by or for the Commission. Before taking office, each appointee to the Commission shall take the oath required by Article I, § 9 of the Maryland Constitution. The term of a member is 3 years. The terms of members are staggered as required by the terms provided for members of the Commission on January 1, 1991. At the end of a term, a member continues to serve until a successor is appointed and qualifies. A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. A member may not serve for more than 2 consecutive 3–year terms. The Governor may remove a member for incompetence or misconduct. Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned if the member did not attend at least two–thirds of the Commission meetings held during any consecutive 12–month period while the member was serving on the Commission. The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public. In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.

From among its members, the Commission annually shall elect a chairman and a vice chairman, provided: if a chair is elected from among the real estate appraiser members, then the vice chairman shall be elected from among the licensed home inspector members; and if a chair is elected from among the licensed home inspector members, then the vice chairman shall be elected from among the real estate appraiser members. At the end of a term, the chairman and vice chairman may be reelected. The chairman shall perform the duties that this title and the Commission require. While in office, the chairman shall be covered by a surety bond or an insurance policy of the type and in the amount of coverage determined by the State Treasurer under § 5–108 of the State Government Article.

Subject to paragraph (2) of this subsection, a majority of the members then serving on the Commission is a quorum. A majority of the members then serving on the Commission is not a quorum unless 2 home inspector members and 2 real estate appraiser members are present. The Commission shall meet at least once each calendar quarter, at the times and places that the Commission determines. Each member of the Commission shall receive written notice of the time and place of a meeting at least 10 days before the scheduled date of the meeting. Within a reasonable time after giving notice to the Commission, a member of the public is entitled to be heard, at a meeting of the Commission, on any matter within the jurisdiction of the Commission. Each member of the Commission is entitled to: compensation in accordance with the State budget; and reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

The Secretary shall appoint the executive director of the Commission from a list of 3 nominees submitted by the Commission. The executive director serves at the pleasure of the Secretary. The executive director may not hold any position or engage in another business that: interferes with the position of executive director; or might conflict with the position of executive director. While employed by the Commission, the executive director may not: be licensed in any state as a real estate appraiser or a home inspector; engage in any act for which a license is required under this title; or in connection with any real estate appraisal transaction or home inspection engagement, directly or indirectly receive or become entitled to receive any compensation, fee, or perquisite. The executive director is entitled to: compensation in accordance with the State budget; and reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. The executive director is a special appointment in the State Personnel Management System. While employed as executive director, the executive director shall be covered by a surety bond or an insurance policy of the type and in the amount of coverage determined by the State Treasurer under § 5–108 of the State Government Article.

The executive director shall: keep a record of each act, communication, and proceeding of the Commission; and perform any other duty that the Commission considers appropriate.

The Commission, in accordance with the State budget, may employ: a general staff; and an investigative staff to conduct investigations. While employed by the Commission, an individual may not: be licensed in any state as a real estate appraiser or home inspector; engage in any act for which a license is required under this title; or in connection with any real estate appraisal transaction or home inspection engagement, directly or indirectly receive or become entitled to receive any compensation, fee, or perquisite.

To protect the interests of the public, the Commission shall promptly adopt, by regulation: appraisal standards of conduct for all individuals licensed or certified as real estate appraisers under this title, including standards regarding conflicts of interest and ethical conduct; and a code of ethics and standards of practice for individuals licensed as home inspectors under this title. The Commission shall promptly adopt at a minimum the uniform standards of professional appraisal practice of the appraisal foundation to meet the requirement under subsection (a) of this section. At the request of a licensee or certificate holder, the Commission shall provide a copy of the appraisal standards it adopts to the licensed or certified real estate appraiser or a copy of home inspection standards it adopts to the licensed home inspector.

The Commission shall administer and enforce the provisions of this title. In connection with any action to enforce the provisions of this title, the Commission may: hold hearings; administer oaths; issue a subpoena for the attendance of a witness to testify or the production of evidence; or take depositions in the same manner as provided in civil cases in the State. The Police Department of Baltimore City, the sheriff of a county, or a private process server shall serve a subpoena issued under this subsection. If a person fails to comply with a subpoena issued under this subsection, on petition of the Commission or another party, a circuit court may compel compliance with the subpoena. If the Commission concludes that conduct alleged to be a violation of any provision of this title may result in irreparable harm to a person, the Commission may sue to enforce a provision of this title by ex parte, interlocutory, or final injunction. In seeking an injunction under this subsection, the Commission is not required to: post bond, if the injunction is sought against a person who does not hold a license issued under this title; allege or prove that an adequate remedy at law does not exist; or allege or prove that substantial or irreparable damage would result from the continued violation of the provision. Subject to the provisions of this section, the Commission shall conduct an investigation that relates to any complaint alleging that an unauthorized person has provided real estate appraisal services or home inspection services. A complaint shall: be in writing; state specifically the facts on which the complaint is based; and be submitted to the Commission. If a complaint is made by any person other than a member of the Commission, the complaint shall be made under oath by the person who submits the complaint. A member of the Commission may not be held personally liable for any action taken under this section.

The Commission shall establish a Real Estate Appraisal Hearing Board. The Hearing Board shall consist of 3 members of the Commission, appointed by the Commission. Of the 3 positions on the Real Estate Appraisal Hearing Board: 1 shall be a representative of a financial institution; 1 shall be a consumer member; and 1 shall be an appraiser with a level of licensure or certification at least equal to the individual subject to the disciplinary action. From among the members of the Hearing Board, the Commission shall designate a chairman.

The Commission shall establish a Home Inspector Hearing Board. The Hearing Board shall consist of 3 members of the Commission, appointed by the Commission. Of the 3 positions on the Home Inspector Hearing Board: 2 shall be licensed home inspectors; and 1 shall be a consumer member. From among the members of the Hearing Board, the Commission shall designate a chairman.

The Commission shall establish an appraisal management company hearing board. The hearing board consists of three members of the Commission, appointed by the Commission. Of the three positions on the appraisal management company hearing board: one shall be a representative of a financial institution; one shall be a consumer member; and one shall be a representative of an appraisal management company. From among the members of the hearing board, the Commission shall designate a chair.

The Commission shall refer to the appropriate hearing board for a hearing any matter for which a hearing may be required under § 16–701, § 16–701.1, or § 16–701.2 of this title. The hearing board may exercise the same powers and shall conduct a hearing in accordance with the same procedures applicable to the Commission under § 16–602 of this title. The hearing board shall determine if there is a reasonable basis to believe that there are grounds for disciplinary action under this title against a licensee. If the hearing board finds a reasonable basis as provided under paragraph (1) of this subsection, the hearing board shall: hold a hearing on the matter; and file its finding with the Commission. If the hearing board does not find a reasonable basis as provided under paragraph (1) of this subsection, the hearing board shall dismiss the complaint. A hearing board shall advise the Commission specifically of any action brought against a licensee as a result of monetary loss, misappropriation of money, or fraud. Within 15 days after the filing of a decision by a hearing board, the Commission or any of its members may file an exception to the decision of the hearing board. On the filing of an exception under subparagraph (i) of this paragraph, the Commission shall set a hearing on the matter. If an exception is not filed within the time allowed under paragraph (1)(i) of this subsection: the decision of the hearing board shall be considered as the final decision of the Commission; and any party aggrieved by the decision may take a judicial appeal as provided in this title.

The Commission shall keep an indexed record of: each application for licensure or certification; each issuance of a license or certificate; each reprimand of a licensed real estate appraiser or certified real estate appraiser or licensed home inspector; and each suspension or revocation of a licensed real estate appraiser or certified real estate appraiser or licensed home inspector. The Commission shall make available to the public: the record during business hours; and on request, a copy of the record at a reasonable price that the Commission sets.

A licensed or certified real estate appraiser shall file with the Commission or a designee otherwise provided by law at the end of every calendar quarter a report listing the address and appraised value of residential real estate in Baltimore City upon which the appraiser performed an appraisal during the calendar quarter. The report shall be open for inspection only to representatives of government agencies for investigation of fraudulent practices.

The Commission shall issue at least annually a roster that shows: the name of each licensed real estate appraiser trainee, licensed real estate appraiser, certified real estate appraiser, and licensed home inspector; and the name and place of business of each licensed real estate appraiser, certified real estate appraiser, and licensed home inspector. On request, the Commission shall make available to the public a copy of the roster at a reasonable price that the Commission sets.

On request, the Commission shall issue a document of good standing to a licensed real estate appraiser trainee, licensed real estate appraiser, certified real estate appraiser, or licensed home inspector who: is in good standing in the State; and pays the issuance fee set by the Commission.

The Commission shall submit to the Secretary an annual report that includes: a statement of the total receipts and expenditures of the Commission; and any other information that reflects the work of the Commission.

In addition to any powers set forth elsewhere, the Commission may: sponsor research and other educational activities about real estate appraising or home inspecting; adopt any regulation to carry out the provisions of this title; review and approve any on-site training programs, including programs that have been approved by national home inspection organizations; keep a record of its proceedings; and adopt an official seal to authenticate its proceedings, official records, licenses, and certificates.

Beginning on July 1, 2011, the Commission may set by regulation reasonable fees for its services. The fees charged shall be: set so as to produce funds to approximate the cost of maintaining the Commission; and based on the calculations performed by the Secretary of Labor under § 2–106.8 of the Business Regulation Article. The Commission shall publish the fee schedule set by the Commission. Beginning on July 1, 2011, the Commission shall pay all fees collected under this title to the Comptroller. The Comptroller shall distribute the fees to the State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors Fund established in § 2–106.7 of the Business Regulation Article.

Any person aggrieved by a final decision of the Commission in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.

The Commission exercises its powers, duties, and functions subject to the authority of the Secretary.

All regulations adopted under this title by the Commission applicable to the provision of real estate appraisal services shall comply with the requirements of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.