Title 8. Home Improvement — Subtitle 3. Licensing

an individual who works for a contractor for a salary or wages but who is not a salesperson for the contractor;

a clerical employee, retail clerk, or other employee of a licensed contractor who is not a salesperson, as to a transaction on the premises of the licensed contractor;

a solicitor for a contractor who calls an owner by telephone only;

an architect, electrician, plumber, heating, ventilation, air–conditioning, or refrigeration contractor, or other person who:

a security systems technician licensed under Title 18 of the Business Occupations and Professions Article;

a marine contractor licensed under Title 17, Subtitle 3 of the Environment Article; or

a person who is selling a home improvement to be performed by a person described in item (4) of this subsection.

To take an examination, an applicant shall pay to the Commission or a testing service chosen by the Commission the examination fee set by the Commission to cover the cost of the examination.

The examination fee is nonrefundable.

The Commission shall schedule the applicant for an examination to be held within 45 days after the Commission receives an application for examination.

The examination shall be held at a location:

Except as otherwise provided in this section, the Commission shall determine the subjects, scope, and form of and the passing score for examinations.

The examination shall test:

The competency part of the examination may be oral or written.

The Commission may use a testing service to administer the examinations given under this section.

If the Commission uses a testing service under this subsection, the testing service, subject to the requirements set by the Commission, may:

submit to the Commission an application on the form that the Commission provides;

submit to the Commission with the license application proof of compliance with the insurance requirement of § 8–302.1 of this subtitle, if the applicant is applying for a contractor license;

pay into the Fund the fee required under § 8–404(a) of this title, if the applicant is applying for a contractor license; and

pay to the Commission an application fee set by the Commission.

for an individual applicant, the name and address of the applicant;

for a corporate applicant, the name and address of each officer;

for a partnership applicant, the name and address of each partner;

for a joint venture applicant, the name and address of each party to the joint venture;

if the applicant acts as a contractor through a corporation or limited partnership, the name and address of the resident agent of the corporation or limited partnership in the State;

if the applicant is applying for a contractor license, a complete description of the nature of the contracting business of the applicant;

if the applicant is applying for a salesperson license, a complete description of the duties of the applicant;

a record of the applicant’s experience in the field of home improvement or other construction work, including dates when and addresses where the applicant has resided and done business;

if the applicant provides lead paint abatement services, the Department of the Environment lead paint abatement accreditation number and accreditation expiration date;

whether the applicant has ever held a professional or vocational license in this or any other state; and

whether the applicant has had a professional or vocational license denied, suspended, or revoked.

information about the applicant’s character, experience, and financial stability; and

any other information that the Commission needs.

have submitted to the Commission, by a credit reporting agency approved by the Commission, a credit report that contains the information required by the Commission; or

have paid to the Commission or the Commission’s designee a credit report fee in an amount not to exceed the cost charged by a credit reporting agency approved by the Commission to obtain a credit report that contains the information required by the Commission.

is confidential and is not a public record; but

if relevant, is admissible as evidence in an administrative or judicial proceeding.

whether the application for a license is approved or denied; and

of the reasons for denial, if the application is denied.

If the application is denied, the applicant, within 10 days after the notice of denial is mailed, may request a hearing.

The hearing shall be held in accordance with § 8-312 of this subtitle within 30 days after the date that the Commission receives the request.

The Commission shall make a decision within a reasonable time, but not later than 60 days after the hearing.

may issue a salesperson license only to an individual; and

may not issue a salesperson license unless the Commission has received from a licensed contractor written notice, signed by both the licensed contractor and salesperson, of an employment or other contractual relationship between the licensed contractor and salesperson.

the Commission determines that the applicant has settled all outstanding obligations; and

1 year has passed since the date of conviction.

if the Secretary staggers the terms of licenses, on the date that the Secretary sets; or

if the Secretary does not stagger the terms of licenses, on the first June 30 that comes after the effective date of the license in an odd–numbered year.

At least 1 month before a license expires, the Commission shall mail or electronically transmit to the licensee:

If an electronic transmission under paragraph (1) of this subsection is returned to the Commission as undeliverable, the Commission shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Commission received the notice that the electronic transmission was undeliverable.

Before a license expires, the licensee periodically may renew it for an additional 2–year term, if the licensee:

A licensee that is incorporated or has its principal office in another state shall pay to the Commission the fee imposed in that state on a similar nonresident business if that fee is higher than the renewal fee set by the Commission.

submit to the Commission, by a credit reporting agency approved by the Commission, a credit report that contains the information required by the Commission; or

pay to the Commission or the Commission’s designee a credit report fee in an amount not to exceed the cost charged by a credit reporting agency approved by the Commission to obtain a credit report that contains the information required by the Commission for renewal of a contractor license.

The Commission shall renew the license of each licensee who meets the requirements of this section.

The Commission may not renew a contractor license unless the contractor submits proof of compliance with the insurance requirement of § 8–302.1 of this subtitle.

submits to the Commission an application for inactive status on the form that the Commission provides;

pays to the Commission an inactive status application fee set by the Commission;

except for the liability insurance requirement of § 8–302.1 of this subtitle, qualifies for an active license; and

returns the license of the licensee to the Commission.

The holder of a contractor license that is on inactive status may not act as a contractor in the State.

The holder of a salesperson license that is on inactive status may not sell a home improvement in the State.

The holder of a contractor license that is on inactive status is not required to meet the liability insurance requirement of § 8–302.1 of this subtitle.

The holder of a contractor license that is on inactive status is not subject to an assessment for the Fund under § 8–404(b) of this title.

A licensee whose license is on inactive status remains responsible for renewing the license as required under § 8–308 of this subtitle.

The holder of a contractor license that is on inactive status may renew the license without complying with the liability insurance requirement of § 8–302.1 of this subtitle.

A licensee whose license is on inactive status shall pay to the Commission a renewal fee set by the Commission.

submits to the Commission an application for reactivation on the form that the Commission provides;

pays to the Commission a reissuance fee set by the Commission; and

meets the requirements for a license, including, in the case of a contractor, the liability insurance requirement under § 8–302.1 of this subtitle.

that contractor the name of each other contractor for whom the individual currently is a salesperson; and

each contractor for whom the individual currently is a salesperson the name of the contractor for whom the individual plans to become a salesperson.

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

fraudulently or deceptively uses a license;

fails to give the Commission information required by this subtitle about an application for a license;

fails to pass an examination required by this subtitle;

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

often fails to perform home improvement contracts;

falsifies an account;

engages in fraud;

as a contractor fails to show financial solvency, based on the intended scope and size of the business in relation to total assets, liabilities, credit rating, and net worth;

as a contractor lacks competence, as shown by the performance of an unworkmanlike, inadequate, or incomplete home improvement;

violates this title;

attempts to violate this title;

violates a regulation adopted under this title; or

in the Chesapeake and Atlantic Coastal Bays Critical Area, as defined under § 8–1802 of the Natural Resources Article, fails to comply with:

had no knowledge of the wrongful conduct; or

could not prevent the violation.

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 improvement services;

the length of time since the conviction; and

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

For purposes of this subsection, the State is divided into:

The Commission shall set the time and place of the hearing but shall hold the hearing in the appropriate region to accommodate the needs of:

issue subpoenas for the attendance of witnesses to testify or to produce evidence; and

take testimony in the same manner and with the same fees and compensation for mileage as provided in civil cases in the State.

A hearing board shall consist of at least 3 members of the Commission.

Of the members of the hearing board:

A decision of the hearing board shall be:

Unless, within 15 days after the hearing board submits its decision to the Commission, the Commission or a member of the Commission finds that a full hearing by the Commission is required:

the person to be paid or compensated is licensed;

the person to be paid or compensated is not subject to the licensing requirements of this title; or

the transaction for which the consideration is to be paid is not subject to this title.

is not relieved of outstanding obligations; and

may complete and be paid under a home improvement contract that is made but not performed on the date of the expiration, suspension, or revocation.

denied after a hearing; or

revoked.