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: fraudulently or deceptively obtains or attempts to obtain a license or certificate for the applicant, licensee, certificate holder, or for another; fraudulently or deceptively uses a license or certificate; commits an act or makes an omission in the provision of real estate appraisal services or certified real estate appraisal services that is an act of dishonesty, fraud, or misrepresentation if the applicant, licensee, or certificate holder intends: to benefit substantially the applicant, licensee, certificate holder, or another person; or to injure substantially another person; is held civilly or criminally liable for deceit, fraud, or misrepresentation in the provision of real estate appraisal services or certified real estate appraisal services; under the laws of the United States or of any state, is convicted of: a felony; or a misdemeanor that is directly related to the fitness and qualification of the applicant, licensee, or certificate holder to provide real estate appraisal services; pays a finder’s fee or a referral fee to a person who lacks a license; makes a false or misleading statement in: the part of a written appraisal report about professional qualifications; or testimony about professional qualifications; violates the confidential nature of governmental records to which a licensee or certificate holder gained access in the provision of real estate appraisal services or certified real estate services; accepts a fee for providing an independent appraisal service in violation of this title; fails to exercise reasonable diligence to develop, prepare, or communicate an appraisal; is negligent or incompetent in developing, preparing, or communicating an appraisal; violates any other provision of this title; or violates any regulation adopted under this title. 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: has had an appraiser license, certificate, or credential revoked in any jurisdiction within the 5–year period immediately preceding the date of application; has been convicted of or has entered a plea of guilty or nolo contendere to a felony in a domestic or foreign court: during the 5–year period immediately preceding the date of application; or at any time preceding the date of application if the felony involves an act of fraud or dishonesty, a breach of trust, or money laundering; or fails to demonstrate good character or general fitness to provide real estate appraisal services in an honest and ethical manner. Except as provided in paragraph (2) of this subsection, instead of or in addition to reprimanding a licensee or a certificate holder or suspending or revoking a license or a certificate under this subsection, 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 seriousness of the violation; the harm caused by the violation; the good faith of the licensee; and any history of previous violations by the licensee. The Commission shall pay any penalty collected under this subsection into the General Fund of the State. Except as provided in subsection (a)(2) of this section, the Commission shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or certificate or the reprimand of a licensee or certificate holder when an applicant, certificate holder, or licensee is convicted of a felony or a misdemeanor described in subsection (a)(1)(v) of this section: 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.

Subject to the hearing provisions of § 16–602 of this title, the Commission may deny a home inspector license to any applicant, reprimand any home inspector licensee, or suspend or revoke a home inspector license if the applicant or licensee: 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: a felony; or a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to provide home inspection services; 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 seriousness of the violation; the harm caused by the violation; the good faith of the licensee; and any history of previous violations by the licensee. The Commission shall pay any penalty collected under this subsection into the General Fund of the State. The Commission shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or a misdemeanor described in subsection (a)(4) of this section: 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.

Subject to the hearing provisions of § 16–602 of this title, the Commission may deny registration to any applicant for registration as an appraisal management company, reprimand any registered appraisal management company, or suspend or revoke the registration of an appraisal management company if the applicant or registrant: 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: a felony; or a misdemeanor that is directly related to the fitness and qualifications of the registrant to provide appraisal management services; 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 seriousness of the violation; the harm caused by the violation; the good faith of the registrant; and any history of previous violations by the registrant. The Commission shall pay any penalty collected under this subsection into the General Fund of the State. The Commission shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a registration or the reprimand of a registrant when an applicant or registrant is convicted of a felony or a misdemeanor described in subsection (a)(3) of this section: 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.

After June 30, 1991, and except as otherwise provided in this title, a person may not provide, attempt to provide, or offer to provide real estate appraisal services in the State unless licensed by the Commission as a real estate appraiser.

Except as otherwise provided in this title, a person may not provide, attempt to provide, or offer to provide certified real estate appraisal services in the State unless certified by the Commission as a real estate appraiser.

Except as otherwise provided in this title, a person may not provide, attempt to provide, or offer to provide home inspection services in this State unless licensed as a home inspector by the Commission.

This section applies only in Baltimore City. A licensed home inspector conducting an inspection of a rental dwelling under Article 13, § 5–7 of the Baltimore City Code may not make a certification as a part of that inspection relating to: 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 electrical training required under subsection (b)(2) of this section shall be in addition to the training required under Subtitle 3A of this title.

Unless authorized under this title to provide real estate appraisal services, a person may not represent to the public, by use of a title, including “licensed real estate appraiser”, by description of services, methods, or procedures, or otherwise, that the person is authorized to provide real estate appraisal services in the State.

Unless authorized under this title to provide certified real estate appraisal services, a person may not represent to the public, by use of a title, including “certified real estate appraiser”, by description of services, methods, or procedures, or otherwise, that the person is authorized to provide certified real estate appraisal services in the State. A person may not use the title “certified real estate appraiser” after or with the name or signature of a firm, partnership, corporation, or group in a way that the title could be interpreted to refer to anyone other than the individual who is certified under this title.

Unless authorized under this title to provide home inspection services, a person may not represent to the public, by use of a title, including “licensed home inspector”, by description of services, methods, or procedures, or otherwise, that the person is authorized to provide home inspection services in the State.

Except for a violation of § 16–703.2 of this subtitle, a person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both. 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 seriousness of the violation; the harm caused by the violation; the good faith of the violator; any history of previous violations by the violator; and any other relevant factors. The Commission shall pay any penalty collected under this subsection into the General Fund of the State.

The Commission may impose on a person who violates this title a civil penalty not exceeding $5,000 for each violation, whether or not the person is licensed or holds a certificate under this title. In setting the amount of a civil penalty, the Commission shall consider: 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.