{"data":{"id":"us-md/md.-code-business-regulation-8-408","jurisdiction":"us-md","citation":"Md. Code, Business Regulation § 8–408","heading":"","body":"(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.\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 § 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.\n(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.\n(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.\n(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.","path":["Article - Business Regulation"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gbr\u0026section=8-408","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:56:23Z","sha256":"25516ea2bb43d0e933c4c287f388f5edf3fed5581578debe2530b826282bad3f","source_id":"us-md","stale":false,"prev":"us-md/md.-code-business-regulation-8-407","next":"us-md/md.-code-business-regulation-8-409"},"notice":"GroundRules: Original legal text. Not legal advice."}
