Plain Text Law

Chapter 02. Title Service Agents

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Administration” means the Motor Vehicle Administration.
(2)
“License” means a title service agent's license issued by the Administration under Transportation Article, Title 15, Subtitle 6, Annotated Code of Maryland.
(3)
“Location” means the fixed location from which the title service agent conducts the activity of a title service agent and which is specified in the application for the license.
(4)
“Representative” means an employee of the business who acts on behalf of the licensee.
(5)
“Title service agent” has the meaning stated in Transportation Article, §15-601(c), Annotated Code of Maryland.

Regulation .02 Licensing of Title Service Agents.Copy Citation

A.
An individual may not conduct the business of a title service agent unless the individual meets the requirements set forth in this chapter and is licensed.
B.
A license may be obtained by submitting to the Administration in the form required by the Administration:
(1)
An application;
(2)
Zoning approval, as set forth in Regulation .03B of this chapter;
(3)
A surety bond as set forth in Regulation .07 of this chapter; and
(4)
The fee as set forth in COMAR 11.11.05.
C.
The Administration may renew licenses every 2 years.
D.
A licensed title service agent shall notify the Administration immediately of any change in the information submitted in the original application or a renewal application.

Regulation .03 Office Requirements.Copy Citation

A.
Before issuing a license, the Administration shall inspect and approve a title service agent's office.
B.
Zoning of a Title Service Agent's Office.
(1)
The office shall be located in an appropriately zoned location.
(2)
An applicant for a license shall provide verification of zoning approval, if required by the local jurisdiction, in the form of a zoning certification.
(3)
A title service agent who does not conduct business with the public at the licensed location may be exempt from local zoning requirements.
C.
A title service agent's office shall be equipped with:
(1)
A secure area for storage of State property; and
(2)
Telephone service in the name of the title service business.
D.
Signs. A title service agent's office shall have, unless prohibited by local ordinances, a sign which shall clearly indicate the type of business conducted at the office.
E.
The license shall be displayed in the office.

Regulation .04 Records.Copy Citation

A.
Records Retention. A title service agent shall retain those records relating to the business for a minimum of 3 years. These records shall include, but are not limited to, transaction transmittal forms specified in Regulation .05 of this chapter and those records relating to the collection of:
(1)
Excise tax;
(2)
Titling and registration fees; and
(3)
Other fees collected for the Administration.
B.
These records shall identify the:
(1)
Customer's file number;
(2)
Customer's name and address;
(3)
Vehicle's:
(a)
Make,
(b)
Year,
(c)
Vehicle identification number;
(4)
Type of transaction; and
(5)
Fees collected for the Administration.
C.
The records shall be readily available for inspection by the Administrator or the Administrator's designated representative.

Regulation .05 Transmittal Form.Copy Citation

A.
A title service agent shall send transactions to the Administration only on a transmittal form furnished by the Administration and in the manner required by the Administration.
B.
The Administration shall return a receipted copy of the transmittal form to the title service agent.

Regulation .06 Surety Bond.Copy Citation

A.
An applicant for a license shall file with the Administration, per business entity registered with the State Department of Assessments and Taxation, acceptable evidence of a surety bond in such form as the Administration shall approve and with a surety approved by the Administration in the sum set forth in Transportation Article, §15-604, Annotated Code of Maryland.
B.
A bonding company shall give the Administration at least 45 days notice by registered or certified mail of the cancellation of a title service agent's bond, and the bond shall be considered to be in full force and effect for a period of at least 45 days after notice is given.

Regulation .07 Authorized Representatives.Copy Citation

A.
When applying for an original or renewal license, a title service agent shall provide the Administration, on a form furnished by the Administration, the names of employees and agents employed by the agent.
B.
The Administration shall issue each employee or agent an identification card which authorizes the employee or agent to act on behalf of the title service agent.
C.
The title service agent shall immediately surrender to the Administration the identification card of an employee or agent whose employment with the title service agent is terminated.

Regulation .08 Revocation or Suspension of License.Copy Citation

After a hearing held in accordance with the provisions of the Administrative Procedure Act, the Administration may indefinitely suspend or revoke a license granted under the provisions of this chapter if a title service agent:
A.
Has perpetrated a fraud against the Administration or the public;
B.
Is advertising in such a manner as to imply that the agent is associated with or a part of the Administration or another State agency; or
C.
Is conducting the business of a title service agent in a manner which is detrimental to the interests of the Administration or the public.
Chapter annotations
Authority: Transportation Article, §§12-104(b), 15-102, 15-103, 15-105, 15-106, 15-108, and 15-604—15-606, Annotated Code of Maryland
History: Effective date: February 15, 1973
History: Regulation .01C amended effective May 12, 1976 (3:10 Md. R. 529)
History: Regulations .03, .04, and .05 amended effective February 4, 1976 (3:3 Md. R. 152)
History: Chapter revised effective January 23, 1981 (8:2 Md. R. 113)
History: Regulation .02C amended effective July 8, 1991 (18:13 Md. R. 1483)
History: Regulations .01—.05 repealed and new Regulations .01—.08 adopted effective January 29, 1996 (23:2 Md. R. 96)
History: Regulation .03C, D amended effective March 11, 2019 (46:5 Md. R. 306)
History: Regulation .06 amended effective March 11, 2019 (46:5 Md. R. 306)
History: Regulation .06A amended effective October 8, 2018 (45:20 Md. R. 918)