Title 16. Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors — Subtitle 7. Prohibited Acts; Penalties

Except as provided in paragraph (2) of this subsection, subject to the hearing provisions of § 16–602 of this title, the Commission may deny a real estate appraisal license to any applicant, deny a certificate to any applicant, reprimand any real estate appraiser licensee, reprimand any certificate holder, or suspend or revoke a real estate appraisal license or certificate if the real estate appraisal applicant, license holder, or certificate holder:

Subject to the hearing provisions of § 16–602 of this title, the Commission shall deny a real estate appraisal license or certificate to an applicant if the applicant:

The Commission shall pay any penalty collected under this subsection into the General Fund of the State.

the nature of the crime;

the relationship of the crime to the activities authorized by the license or certificate;

with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant, licensee, or certificate holder to provide real estate appraisal services;

the length of time since the conviction; and

the behavior and activities of the applicant, licensee, or certificate holder before and after the conviction.

fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;

fraudulently or deceptively uses a license;

engages in conduct that demonstrates bad faith, incompetency, negligence or untrustworthiness, or that constitutes dishonest, fraudulent, or improper dealings;

under the laws of the United States or of any state, is convicted of:

fails to maintain the insurance required under § 16–4A–04 of this title;

violates any provision of this title;

violates any regulation adopted under this title; or

aids, abets, or assists any person in violating any provision of this title or any regulation adopted under this title.

Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this section, the Commission may impose a penalty not exceeding $5,000 for each violation.

To determine the amount of the penalty imposed, the Commission shall consider:

The Commission shall pay any penalty collected under this subsection into the General Fund of the State.

the nature of the crime;

the relationship of the crime to the activities authorized by the license;

with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to provide home inspection services;

the length of time since the conviction; and

the behavior and activities of the applicant or licensee before and after the conviction.

fraudulently or deceptively obtains or attempts to obtain registration for the applicant or registrant or for another;

fraudulently or deceptively uses a registration;

under the laws of the United States or any state is convicted of:

violates or attempts to violate any provision of this title;

violates or attempts to violate any regulation adopted under this title; or

violates § 14–127 of the Real Property Article.

Instead of or in addition to reprimanding a registrant or suspending or revoking a registration under this section, the Commission may impose a penalty not exceeding $25,000 for each violation.

To determine the amount of the penalty imposed, the Commission shall consider:

The Commission shall pay any penalty collected under this subsection into the General Fund of the State.

the nature of the crime;

the relationship of the crime to the activities authorized by the registration;

with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or registrant to provide appraisal management services;

the length of time since the conviction; and

the behavior and activities of the applicant or registrant before and after the conviction.

the presence or identification of pests, unless the home inspector is certified as a pest control consultant, pest control applicator, or public agency applicator under § 5–207 of the Agriculture Article; or

the dwelling’s electrical system, unless the home inspector has completed a minimum of 8 hours of training in electrical systems certified by the Baltimore City Housing Commissioner.

The Commission may impose on a person who violates any provision of this title a penalty not exceeding $5,000 for each violation.

In setting the amount of the penalty, the Commission shall consider:

The Commission shall pay any penalty collected under this subsection into the General Fund of the State.

the seriousness of the violation;

the good faith of the violator;

any previous violations;

the harmful effect of the violation on the complainant, the public, and the business of home inspections or real estate appraisals;

the assets of the violator; and

any other relevant factors.