Md. Code Regs. 11.12.01.13

Current through Register Vol. 51, No. 22, November 1, 2024

Section 11.12.01.13 - Salesman's Licensing

A. Applications for a salesman's license shall be furnished to the Administration by a licensed dealer.

B. A vehicle salesman may not obtain or the Administration may not issue a license under the provisions of the Transportation Article, Annotated Code of Maryland, unless the salesman complies with the requirements set forth in Transportation Article, Title 13 and Title 15, Annotated Code of Maryland and the requirements contained in these regulations, and pays the required fee as set forth in COMAR 11.11.05.

C. A salesman shall buy and sell motor vehicles only for the dealer indicated upon the salesman's license and may not be licensed by more than one licensed dealer at a given time except that a salesman licensed to act at a:

(1) New or used car dealership may act as a vehicle salesman at any new or used dealership that is at least 60 percent owned by the licensed dealer indicated on the salesman's license; or

(2) Wholesale vehicle dealership may act as a vehicle salesman at any wholesale dealership that is at least 60 percent owned by the licensed wholesale dealer indicated on the salesman's license.

D. The salesman's license shall be in the possession of the salesman when the salesman is buying or selling motor vehicles and shall be displayed upon request.

E. A salesman shall immediately contact the Administration if there is any factual or material change in the information stated in the salesman's license.

F. If a license becomes lost, mutilated, illegible, the salesman shall promptly make application to the Administration for the issuance of a duplicate or corrected license, as the case may be. Application shall be made on forms to be supplied by the Administration accompanied by required fees, as set forth in COMAR 11.11.05.

G. A dealer shall notify the Administration of a salesmen's termination of employment as a salesmen, as set forth in Subtitle 15, Transportation Article, Annotated Code of Maryland.

H. Upon termination of employment the salesman shall return any applicable license to the Administration immediately.

I. If a salesman transfers employment to another dealership, a corrected license shall be issued upon receipt of a properly completed application, the fee as set forth in COMAR 11.11.05, and the invalid license.

J. Criminal Background Check.

(1) Upon application for issuance and renewal of a Salesman license an applicant shall furnish the Administration with an official copy of their criminal history record from the Criminal Justice Information System (CJIS) Central Repository of the Department of Public Safety and Correctional Services. The criminal history record shall be dated within 30 days of the submission date.

(2) In addition to the other grounds specified in Transportation Article, Title 15 Subtitle 1, Annotated Code of Maryland, for refusal, suspension, or revocation of a license, the Administration may refuse to grant a salesman's license to any person and may suspend, revoke, or refuse to renew the license of any person if it finds that:

(a) The person has been convicted by final judgment in any court of a crime of moral turpitude; or

(b) The vehicle sales transactions of the person have been marked by a practice of failure to perform contracts or by fraud or bad faith.

(3) An applicant or salesman who requests an administrative hearing for a violation under paragraph (2) (a) above may:

(a) Contest whether the applicant or salesman has been convicted by final judgment in any court of a crime of moral turpitude; and

(b) Produce evidence to establish convincing proof of the applicant or salesman's full and complete rehabilitation, and appropriateness for licensure.

K. Suspension of Salesman's License.

(1) A salesman's license shall be suspended by the Administration upon notification by the Department of Human Resources, Child Support Enforcement Administration, that the salesman license holder's failure to pay child support meets the criteria for suspension of a professional license pursuant to Family Law Article, § 10-119.3, Annotated Code of Maryland.

(2) The Administration shall immediately reinstate any salesman's license suspended for failure to pay child support if notified by the Department of Human Resources, Child Support Enforcement Administration, that the suspension should be withdrawn.

Md. Code Regs. 11.12.01.13

Regulations .13P_S adopted effective February 4, 1976 (3:3 Md. R. 151)
Regulations .13 amended effective February 6, 1981 (8:3 Md. R. 227)
Regulation .13 amended effective June 19, 1995 (22:12 Md. R. 902); January 29, 1996 (23:2 Md. R. 95)
Regulation .13A amended effective January 1, 1992 (18:25 Md. R. 2752)
Regulation .13E amended effective July 8, 1991 (18:13 Md. R. 1483)
Regulation .13J amended effective June 20, 1983 (10:12 Md. R. 1073); January 1, 1992 (18:25 Md. R. 2752)
Regulation .13N amended effective June 20, 1983 (10:12 Md. R. 1073); October 17, 1988 (15:21 Md. R. 2468); January 1, 1992 (18:25 Md. R. 2752)
Regulation .13P amended effective January 1, 1992 (18:25 Md. R. 2752); adopted effective 44:5 Md. R. 294, eff. 3/13/2017