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09.08.03 - Maryland Home Improvement Commission - Pending Regulations

 

PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 41, ISSUE 3,
FRIDAY, FEBRUARY 7, 2014

Subtitle 08 MARYLAND HOME IMPROVEMENT COMMISSION

09.08.03 - Maryland Home Improvement Commission

Authority: Business Occupations and Professions Article, §§8-207 and 8-405, Annotated Code of Maryland

Notice of Proposed Action
[14-048-P]

The Home Improvement Commission proposes to amend Regulation .03 under COMAR 09.08.03 Claims Against the Home Improvement Guaranty Fund. This action was considered by the Home Improvement Commission at a public meeting held on June 6, 2013, notice of which was given in accordance with State Government Article, §10-506(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to bring the regulation into conformity with a change in the statute that permits individual awards from the Home Improvement Guaranty Fund of a maximum $20,000 instead of $15,000, and to provide that an award from the Fund may not be in excess of the amount paid by or on behalf of the claimant to the contractor against whom the claim is filed.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Michael Vorgetts, Acting Commissioner, Occupational and Professional Licensing, DLLR,, 500 N. Calvert Street, 3rd Floor, Baltimore, MD 21202, or call 410-230-6225, or email to mvorgetts@dllr.state.md.us, or fax to 410-333-6314. Comments will be accepted through March 10, 2014. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Home Improvement Commission during a public meeting to be held on April 3, 2014, at 10 a.m., at 500 N. Calvert Street, Third Floor, Baltimore, Maryland 21202.

.03 Adjudication of Claims.
  A. (text unchanged)
  B. Measure of Awards from Guaranty Fund.
    (1) — (3) (text unchanged)
    (4) The Commission may not award from the Fund an amount in excess of the amount paid by or on behalf of the claimant to the contractor against whom the claim is filed.
  C. (text unchanged)
  D. Payments.
    (1) (text unchanged)
    (2) The Commission may not award from the Fund:
      (a) To any one claimant more than [$15,000] $20,000 for acts or omissions of one contractor; or
      (b) (text unchanged)
    (3) (text unchanged)
    (4) For purposes of this regulation, the term “approved claim” means the amount which the Commission has approved to be paid from the Fund which cannot exceed [$15,000] $20,000 per claim.

JOSEPH TUNNEY
Chairman
Home Improvement Commission