Md. Code Regs. 09.11.04.01

Current through Register Vol. 51, No. 24, December 2, 2024

Section 09.11.04.01 - Application for Registration

A. Application for registration as a time share developer shall be made on forms provided by the Commission at the offices of the Commission. The application shall contain all of the documents and information required.

B. A surety bond submitted with the application for registration shall be written on a form furnished by the Commission displaying the name of the principal on the bond as it appears on the application of the developer.

C. The statutory fee shall accompany the application as well as any other items deemed relevant by the Commission to determine that the statutory or regulatory standards or prerequisites have been met. These items may include credit reports, personal references, abstracts of title, and the like.

D. If, within 30 days after receiving an application, the Commission determines that any prerequisite for registration has not been met, the Commission shall return the application to the applicant with a statement specifying the deficiencies in the application, provided, that if the commission has reason to believe that the application may readily be put into proper form, it may retain the application and notify the applicant of the steps which shall be taken to correct the deficiencies.

E. Denial of an application on other than technical grounds will be communicated to the applicant by at least first class mail at the address stated on the application. The denial notice will inform the applicant that the applicant may file a written request for a hearing on the denial before a Hearing Panel of the Commission.

F. At all stages of the proceeding, the burden of affirmatively showing that the standards and requirements established by statute or by regulation have been met or complied with shall rest on the applicant. Parties to the proceeding will be the applicant and the Commission. Other persons may not participate in the proceeding except that the Commission may, in its discretion, allow any person to file a written statement or memorandum addressing the issues.

G. If the applicant does not appear for a hearing after notice as provided in these regulations, and without a postponement, then the applicant has not met the burden established in § F of this regulation.

H. Order of Proceeding at Hearing. The manner and order of proceeding at the hearing is as follows:

(1) The Assistant Attorney General assigned to the Commission for the purpose will introduce the case stating its present posture including evidence to support the denial of the application.

(2) The applicant will then proceed to present to the Commission any matters which the applicant deems relevant to the issue of registration.

(3) After the applicant has presented relevant matters to the Commission, the Commission may ask for a response by way of argument, testimony, or exhibits by the Assistant Attorney General.

(4) After the response, if any, the applicant may be allowed a rebuttal addressed to those matters raised in the Assistant Attorney General's response.

(5) The testimony and evidence will then be deemed closed and the Panel may, in its discretion, accept or request closing comments in the same order as the evidence, or instead of comments, or in addition to comments, may accept or request written memoranda or statements.

(6) If the parties agree, the case may proceed on a statement of facts. In that event, the Commission may call for the production of evidence or testimony to clarify the issues.

Md. Code Regs. 09.11.04.01

Regulation .01 amended effective 44:8 Md. R. 402, eff. 7/1/2017