{"data":{"id":"us-md/md.-code-business-regulation-4.5-708","jurisdiction":"us-md","citation":"Md. Code, Business Regulation § 4.5–708","heading":"","body":"(a) (1) The Division may join a proceeding on a claim against the Guaranty Fund with a disciplinary proceeding against a registrant under this subtitle if the disciplinary hearing is based on the same facts alleged in the claim.\n(2) In a consolidated proceeding the claimant is a party, and may participate in the hearing to the extent necessary to establish the claim.\n(b) (1) Notwithstanding § 4.5–702(2) of this subtitle, a claimant may not concurrently submit a claim to recover from the Guaranty Fund and bring an action in a court of competent jurisdiction against a registrant based on the same facts alleged in the claim.\n(2) If, after filing a claim, the claimant brings an action in a court of competent jurisdiction based on the same facts alleged in the pending claim, the Division shall stay its proceedings on the claim until there is a final judgment and all rights to appeal are exhausted.\n(3) To the extent that a final judgment or final award in arbitration is based on the same factual and legal issues alleged in a pending claim, the Division shall:\n(i) approve the claim against the Guaranty Fund, if the judgment or award is decided in favor of the claimant and the registrant has failed to pay the judgment or award; or\n(ii) dismiss the claim against the Guaranty Fund, if the judgment or award is decided in favor of the registrant.","path":["Article - Business Regulation"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gbr\u0026section=4.5-708","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:56:23Z","sha256":"e15976fa5f869399538cbed71f6b3d6e34c1986c4266c8546208b8f190af2348","source_id":"us-md","stale":false,"prev":"us-md/md.-code-business-regulation-4.5-707","next":"us-md/md.-code-business-regulation-4.5-709"},"notice":"GroundRules: Original legal text. Not legal advice."}