§ 8–408
Statutes in effect as of October 1, 2026.
Md. Code Ann., Bus. Reg. § 8-408 (2026)
Title 8. Home Improvement
Subtitle 4. Home Improvement Guaranty Fund
§ 8–408LinkCopy Citation
(a)
(1)
The Commission may join a proceeding on a claim against the Fund with a disciplinary proceeding against a licensed contractor under Subtitle 3 of this title, if the disciplinary hearing is based on the same facts alleged in the claim.
(2)
In a consolidated proceeding, the claimant is a party and may participate in the hearing to the extent necessary to establish the claim.
(b)
(1)
Notwithstanding § 8-402(2) of this subtitle, a claimant may not concurrently submit a claim to recover from the Fund and bring an action in a court of competent jurisdiction against a contractor based on the same facts alleged in the claim.
(2)
If the claimant brings an action in a court of competent jurisdiction based on the same facts alleged in a pending claim, the Commission shall stay its proceedings on the claim until there is a final judgment and all rights to appeal are exhausted.
(3)
(i)
To the extent that a final judgment or final award in arbitration is decided in favor of the claimant, the Commission shall approve the claim against the Fund.
(ii)
If a final judgment or final award in arbitration is decided in favor of the defendant, the Commission shall dismiss the claim against the Fund.