(a) Complaint. A consumer or homeowner may file a written complaint with the Director. A complaint should state the name and address of the builder or seller alleged to have committed a violation of this Chapter, describe the violation, and provide any other information that the Office requires. The Director may act on a complaint that is not complete.
(b) Investigation. The Office may:
(1) investigate any complaint made against any person who is operating as a new home builder or new home seller and who is or should be registered under this Chapter;
(2) investigate any potential violation of and enforce this Chapter without receiving a complaint;
(3) hold hearings or refer any matter to a hearing officer designated by the Chief Administrative Officer for an administrative hearing;
(4) subpoena the attendance of witnesses and documents;
(6) require the production of evidence relating to any matter under investigation;
(7) inspect relevant books, papers, records, or documents of the builder or seller at the place of business of the builder and seller during business hours; and
(8) conduct inspections of new home construction sites and models.
(1) Before denying, suspending, refusing to renew, or revoking any registration, the Director must afford the builder or seller an opportunity for a hearing before a hearing officer designated by the Chief Administrative Officer for an administrative hearing.
(2) After giving a builder or seller the opportunity for a hearing, the Director may deny, suspend, refuse to renew, or revoke the registration of a new home builder or new home seller if the Director finds that the builder or seller:
(A) made a misstatement of material fact in the application for registration or renewal;
(B) committed fraud or misrepresentation in connection with any building activity conducted under the requirements of this Chapter;
(C) committed gross negligence in connection with any building activity conducted under the requirements of this Chapter;
(D) violated the building code or laws of the County or State;
(E) did not provide the new home warranty required by this Chapter;
(F) did not correct or settle a claim arising out of a defect that is covered by the warranty required by this Chapter;
(G) did not file an amendment to a registration application within 30 days of any material change in the information provided in the most recent application or amendment;
(H) aided, abetted, or knowingly combined or conspired with an unregistered person to evade this Chapter;
(I) abandoned or willfully failed to perform, without justification, a contract for construction of a building that is to be used as a residence;
(J) willfully deviated from or disregarded plans or specifications in any material way without consent of the consumer or homeowner;
(K) did not comply with this Chapter in any material way;
(L) diverted funds or property that were received for the completion of a construction project, and used the funds or property for another project, operation, obligation, or purpose, with intent to defraud or deceive creditors or the contract purchaser;
(M) served as an officer, Director, owner, member, principal, or stockholder for a builder or seller whose registration was revoked or suspended under this Chapter;
(N) engaged in a pattern of unfair or deceptive trade practices in violation of
Chapter 11;
(O) obtained or attempted to obtain a residential home construction permit by falsely representing that the applicant was seeking a permit to construct a home to be occupied by the applicant as a personal residence;
(P) failed to satisfy final judgments or liens in favor of a contract purchaser, homeowner, subcontractor, or government;
(Q) engaged in fraud, deception, misrepresentation, or knowing omissions of material facts related to new home building contracts;
(R) engaged in a pattern of poor workmanship as evidenced by unresolved building code violations or unsatisfied arbitration awards or judgments in favor of a consumer; or
(S) violated a term or condition of a conditional registration.
(3) The Director may refer a complaint or a violation to a hearing officer designated by the Chief Administrative Officer for an administrative hearing.
(d) Hearings, generally. Any hearing held under this Section must be conducted under the Administrative Procedures Act.
(e) Appeals. A person aggrieved by a decision of the hearing examiner or Director to deny, suspend, refuse to renew, or revoke a registration may seek judicial review of the decision in the Circuit Court under the applicable Maryland Rules of Procedure governing judicial review of administrative agency decisions. A party aggrieved by the decision of the Circuit Court may appeal that decision to the Court of Special Appeals. (, § 1.)
