<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".13" citation="COMAR 11.12.01.13" title_num="11" subtitle_num="12" chapter_num="01" heading="Salesman’s Licensing.">
  <paragraph num="A.">
    <text>Applications for a salesman’s license shall be furnished to the Administration by a licensed dealer.</text>
  </paragraph>
  <paragraph num="B.">
    <text>A vehicle salesman may not obtain or the Administration may not issue a license under the provisions of the Transportation Article, Annotated Code of Maryland, unless the salesman complies with the requirements set forth in Transportation Article, Title 13 and Title 15, Annotated Code of Maryland and the requirements contained in these regulations, and pays the required fee as set forth in COMAR 11.11.05.</text>
  </paragraph>
  <paragraph num="C.">
    <text>A salesman shall buy and sell motor vehicles only for the dealer indicated upon the salesman’s license and may not be licensed by more than one licensed dealer at a given time except that a salesman licensed to act at a:</text>
    <paragraph num="(1)">
      <text>New or used car dealership may act as a vehicle salesman at any new or used dealership that is at least 60 percent owned by the licensed dealer indicated on the salesman’s license; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Wholesale vehicle dealership may act as a vehicle salesman at any wholesale dealership that is at least 60 percent owned by the licensed wholesale dealer indicated on the salesman’s license.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The salesman’s license shall be in the possession of the salesman when the salesman is buying or selling motor vehicles and shall be displayed upon request.</text>
  </paragraph>
  <paragraph num="E.">
    <text>A salesman shall immediately contact the Administration if there is any factual or material change in the information stated in the salesman’s license.</text>
  </paragraph>
  <paragraph num="F.">
    <text>If a license becomes lost, mutilated, illegible, the salesman shall promptly make application to the Administration for the issuance of a duplicate or corrected license, as the case may be. Application shall be made on forms to be supplied by the Administration accompanied by required fees, as set forth in COMAR 11.11.05.</text>
  </paragraph>
  <paragraph num="G.">
    <text>A dealer shall notify the Administration of a salesmen’s termination of employment as a salesmen, as set forth in Subtitle 15, Transportation Article, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="H.">
    <text>Upon termination of employment the salesman shall return any applicable license to the Administration immediately.</text>
  </paragraph>
  <paragraph num="I.">
    <text>If a salesman transfers employment to another dealership, a corrected license shall be issued upon receipt of a properly completed application, the fee as set forth in COMAR 11.11.05, and the invalid license.</text>
  </paragraph>
  <paragraph num="J.">
    <text>Criminal Background Check.</text>
    <paragraph num="(1)">
      <text>Upon application for issuance and renewal of a Salesman license an applicant shall furnish the Administration with an official copy of their criminal history record from the Criminal Justice Information System (CJIS) Central Repository of the Department of Public Safety and Correctional Services. The criminal history record shall be dated within 30 days of the submission date.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>In addition to the other grounds specified in Transportation Article, Title 15 Subtitle 1, Annotated Code of Maryland, for refusal, suspension, or revocation of a license, the Administration may refuse to grant a salesman’s license to any person and may suspend, revoke, or refuse to renew the license of any person if it finds that:</text>
      <paragraph num="(a)">
        <text>The person has been convicted by final judgment in any court of a crime of moral turpitude; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The vehicle sales transactions of the person have been marked by a practice of failure to perform contracts or by fraud or bad faith.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>An applicant or salesman who requests an administrative hearing for a violation under paragraph (2)(a) above may:</text>
      <paragraph num="(a)">
        <text>Contest whether the applicant or salesman has been convicted by final judgment in any court of a crime of moral turpitude; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Produce evidence to establish convincing proof of the applicant or salesman’s full and complete rehabilitation, and appropriateness for licensure.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="K.">
    <text>Suspension of Salesman’s License.</text>
    <paragraph num="(1)">
      <text>A salesman’s license shall be suspended by the Administration upon notification by the Department of Human Services, Child Support Enforcement Administration, that the salesman license holder’s failure to pay child support meets the criteria for suspension of a professional license pursuant to Family Law Article, §10-119.3, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Administration shall immediately reinstate any salesman’s license suspended for failure to pay child support if notified by the Department of Human Services, Child Support Enforcement Administration, that the suspension should be withdrawn.</text>
    </paragraph>
  </paragraph>
</regulation>