Title 17. Real Estate Brokers — Subtitle 2. State Real Estate Commission

The Commission consists of 9 members.

Of the 9 members of the Commission:

Of the 5 professional members:

The Governor shall appoint the members with the advice of the Secretary and with the advice and consent of the Senate.

a resident of any of the counties in the area from which the member is appointed for at least 5 years immediately before appointment; and

a licensed real estate broker, a licensed associate real estate broker, or a licensed real estate salesperson for at least 10 years immediately before appointment.

Each consumer member of the Commission:

While a member of the Commission, a consumer member may not:

The term of a member is 4 years and begins on June 1.

The terms of members are staggered as required by the terms provided for members of the Commission on October 1, 1989.

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.

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.

The term of the chairman is 1 year.

At the end of a term, the chairman may be reelected.

The Commission shall meet at least once a month, at the times and places that the Commission determines.

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.

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.

possess a broad knowledge of generally accepted practices in the real estate business in the State; and

be reasonably well informed of the general laws that govern agency and contracts for the conveyance or leasing of real estate.

The executive director shall devote full time to the duties of office.

The executive director may not hold any position or engage in another business that:

While employed by the Commission, the executive director may not:

compensation in accordance with the State budget; and

reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

be licensed in any state as a real estate broker, an associate real estate broker, or a real estate salesperson;

engage in any act for which a license is required under this title; or

in connection with any real estate transaction, directly or indirectly receive or become entitled to receive any fee, perquisite, or compensation.

at least once every 2 years, shall provide a copy of the code of ethics to each licensee; and

on request of any person, shall make available a copy of the code of ethics to that person.

reasonable bylaws for the conduct of its proceedings;

reasonable regulations for the conduct of hearings;

reasonable regulations to govern applications for licenses; and

subject to subsection (c) of this section, reasonable regulations to carry out this title.

at least once every 2 years, shall provide a copy of the regulations adopted under this title to each licensee; and

on request of any person, shall make available a copy of the regulations to that person.

The Commission shall administer and enforce the provisions of this title.

In connection with any disciplinary action under Subtitle 3 of this title or any investigation or proceeding brought for an alleged violation of this title, the Commission, a hearing board, the executive director of the Commission, or the assistant director of the Commission may:

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:

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 brokerage services.

A complaint shall:

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.

shall include a statement of the licensing status of the person who is the subject of the request; and

may include:

Beginning on July 1, 2007, the Commission may set by regulation reasonable fees for its services.

The fees charged shall be:

Beginning on July 1, 2006, the Commission shall pay all fees collected under this title to the Comptroller.

The Comptroller shall distribute the fees to the State Real Estate Commission Fund established in § 2–106.3 of the Business Regulation Article.