There is a Maryland Home Improvement Commission in the Department.

The Commission consists of 9 members, appointed by the Governor with the advice of the Secretary. Of the 9 members of the Commission: 3 shall have experience in some phase of the business of home improvement; at least 1 shall have experience in the business of banking or finance; 4 shall be consumer members; and 1 shall have experience in some phase of the business of home improvement or shall be a consumer member. Each member of the Commission shall have been a citizen and resident of the State for at least 5 years 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 July 1. The terms of members are staggered as required by the terms in effect for members of the Commission on October 1, 1992. 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, the Governor shall remove a member if the member did not attend at least two–thirds of the Commission meetings held during the prior year while the member was serving on the Commission. The Governor may allow a 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.

With the advice of the Secretary, the Governor shall designate a chairman from among the members of the Commission.

Subject to subparagraph (ii) of this paragraph, a majority of the members then serving on the Commission is a quorum. A quorum may not be fewer than 4 members. The Commission may not act unless at least a majority of the members then serving concur. The Commission shall meet at least once every 2 months. The Commission may hold meetings at the times and places in the State that it determines. On or before December 1 of each year, the Commission shall report to the Senate Education, Health, and Environmental Affairs Committee and the House Economic Matters Committee, in accordance with § 2–1257 of the State Government Article, regarding: the attendance record of each Commission meeting, disaggregated by the constituency that the attendee represents pursuant to the attendee’s appointment under § 8–202(a)(2) of this subtitle; and how many claims were pending as of the date of each meeting. 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 Commission shall have its office in Baltimore City.

The Secretary shall appoint an executive director of the Commission. The executive director serves at the pleasure of the Secretary. The executive director shall devote full time to the duties of office. 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. 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: administer and operate the office of the Commission; be responsible to the Secretary; keep the official records of the Commission; and keep the seal of the Commission.

The executive director may employ a staff in accordance with the State budget. Except as otherwise provided by law, the staff is in the skilled service or professional service, with the exception of special appointments, in the State Personnel Management System. The executive director shall employ an investigative staff in accordance with the State budget. The executive director may contract with an expert, subject to the State budget, if the services of an expert are required in a particular case. Investigative staff and contractual experts shall investigate only complaints about home improvement.

The Commission may adopt and enforce regulations to carry out this title. The executive director shall: compile and keep in the office of the Commission a set of current regulations adopted under this title; and make a copy of the regulations for anyone who asks for one. The Commission may set a fee to cover the cost of making and mailing a copy of the current regulations.

The Commission shall administer and enforce this title. If the Commission concludes that continuing conduct of a person alleged to be in violation of this title will result in irreparable or substantial harm to any other person, the Commission may sue for: injunctive relief against the conduct; an order for satisfactory completion of a home improvement contract; or restitution. If the Commission sues for injunctive relief under this subsection against a person who is not licensed under this title, the Commission need not: post bond; or show that no adequate remedy at law exists. A suit under this section shall be brought in the circuit court for the county where: the alleged violation occurs; or the principal place of business of the alleged violator is located. An administrative hearing and adjudication by the Commission is not a prerequisite to prosecution of a person under § 8-601 of this title.

The Commission shall keep available for public inspection during office hours a record of: all licenses issued under this title; all expirations, revocations, and suspensions of those licenses; and all contractors represented by each salesperson who holds a license under this title. The Commission shall collect a fee of $1 per page for each copy of a document in the Commission office.

On request of any person and payment of a fee set by the Commission, the Commission shall certify the licensing status of a person that is the subject of the request.

Each month the Commission shall give the building and permits department and the office of consumer affairs of each county a current list of all licensees and may provide other information relevant to this title.

The Commission at any time may require of an applicant or licensee: information reasonably related to the administration or enforcement of this title; and the production of financial records. The Commission shall have a seal.

The Commission may set by regulation reasonable fees for the Commission’s 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 under § 2–106.10 of this article. The Commission shall publish a schedule of fees set by the Commission. Except as otherwise provided by law, the Commission shall pay all fees collected under this title to the Comptroller. The Comptroller shall distribute the fees to the Maryland Home Improvement Commission Special Fund established in § 2–106.9 of this article.

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

The Commission shall publish on its Web site consumer education materials that specify the protections available to consumers through the Commission, including the availability of compensation from the Guaranty Fund.

The Commission shall develop a searchable Web site that includes a listing of licensed contractors and information relating to any final disciplinary action taken by the Commission against a licensee in each licensee’s profile.