There is a State Real Estate Commission in the Department.
The Commission consists of 9 members.
Of the 9 members of the Commission:
5 shall be licensed real estate brokers, licensed associate real estate brokers, or licensed real estate salespersons; and
4 shall be consumer members.
Of the 5 professional members:
1 shall be a resident of any county in the area that consists of Cecil, Caroline, Dorchester, Kent, Queen Anne’s, Somerset, Talbot, Wicomico, and Worcester counties;
1 shall be a resident of any county in the area that consists of Baltimore, Carroll, Harford, and Howard counties;
1 shall be a resident of Baltimore City;
1 shall be a resident of any county in the area that consists of Anne Arundel, Calvert, Charles, Prince George’s, and St. Mary’s counties; and
1 shall be a resident of any county in the area that consists of Allegany, Frederick, Garrett, Montgomery, and Washington counties.
The Governor shall appoint the members with the advice of the Secretary and with the advice and consent of the Senate.
Each member of the Commission shall be a citizen of the State.
Each professional member of the Commission shall have been:
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:
shall be a member of the general public;
may not be a licensee 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 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.
From among its members, the Commission annually shall elect a chairman.
The term of the chairman is 1 year.
At the end of a term, the 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.
A majority of the members then serving on the Commission is a quorum.
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.
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 shall:
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:
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 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.
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 Commission may employ a staff in accordance with the State budget.
The Commission, in accordance with the State budget, may employ an investigative staff to conduct investigations.
While employed by the Commission, an individual may not:
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.
To protect the interests of the public, the Commission shall adopt, by regulation, a code of ethics to set standards of conduct for all individuals licensed under this title.
The Commission:
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.
The Commission may adopt:
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.
The Commission shall adopt guidelines that establish a schedule for the prompt and timely processing and resolution of each complaint made to the Commission.
The Commission may not adopt a regulation that would allow the issuance of a conditional or temporary license.
The Commission:
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:
hold hearings;
administer oaths;
issue a subpoena for the attendance of a witness to testify or the production of evidence; and
take depositions in the same manner as provided in civil cases in the State.
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; or
allege or prove that an adequate remedy at law does not exist.
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:
be in writing;
state specifically the facts on which the complaint is based; and
be filed with 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.
The Commission shall submit to the Secretary an annual report of the activities of the Commission that includes:
a statement of the total receipts from license fees;
a statement of the total expenditures of the Commission;
the number of real estate broker licenses, associate real estate broker licenses, and real estate salesperson licenses issued in each county;
the number of hearings held;
the number of complaints received;
the number of investigations made;
the number of applications for licenses denied;
the total number of licenses suspended or revoked;
the number of cases resolved within the schedule adopted under § 17–208(b) of this subtitle;
the number of Guaranty Fund awards made that reach the statutory cap at the time the award is made, the corresponding amounts claimed by the complainant in each case, and the amount of damages that would have been reimbursable to the complainant if the statutory cap did not exist; and
any other information that reflects the work of the Commission.
On request of any person and payment of a fee of $10, the Commission shall certify the licensing status and qualifications of any person who is the subject of the request.
Each certification under this section:
shall include a statement of the licensing status of the person who is the subject of the request; and
may include:
information about the examination results and other qualifications of that person;
information about the dates of issuance and renewal of the license of that person;
information about any disciplinary action taken against that person; and
if authorized by that person, information about any complaint against that person.
The Commission shall collect a fee set by the Commission for each certification under this section.
In addition to any powers and duties set forth elsewhere, the Commission has the following powers and duties:
to adopt a seal;
to use the seal to authenticate its proceedings; and
to approve educational courses.
Beginning on July 1, 2007, 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 § 2–106.4 of the Business Regulation Article.
The Commission shall publish the fee schedule set by the Commission.
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.
The Commission exercises its powers, duties, and functions subject to the authority of the Secretary.