Maryland Statutes
Subtitle 4 - Home Improvement Guaranty Fund
Section 8-408 - Joinder of Proceedings; Administrative and Legal Proceedings

(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.

Structure Maryland Statutes