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LANDSMAN V. MARYLAND Home IMPROVEMENT COMMISSION

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When the Commission conducts its personal hearing on regardless of whether a claimant should be compensated from the Fund, it is presumed that the Commission is conscious of the Fund’s restricted purpose, to compensate for actual loss as defined by section eight-401. Thus, any award the Commission tends to make from the Fund have to be for actual loss, because the Commission is presumed to know the scope of its authority, and act inside those bounds.

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Nor do we agree with the Commission that the 2000 amendment impacted any substantive rights or liabilities of Somerville. Among other arguments, the Commission contends that the amendment acted as an enhanced penalty to Somerville and other similarly situated contractors. We reject that argument, for various reasons. Section 8-409 9 of the Act serves as a verify on the Commission’s capability to use the Fund as a club to punish contractors who are on the losing finish of arbitration awards or judicial choices. To this end, the section specifies the specifications that ought to be met just before the Commission may order payment of a claim against the Fund.

The underlying details are not in dispute. Appellant, Sheldon I. Landsman, entered into a contract for a household improvement project with David Somerville, t/a Somerville Building, on January 19, 1997. At that time, Somerville possessed a Maryland household improvement contractor’s license. Landsman filed exceptions to the proposed order. Following an exceptions hearing, the Commission entered a final order on July 24, 2001, affirming the proposed order.

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When the Commission conducts its personal hearing on regardless of whether a claimant ought to be compensated from the Fund, it is presumed that the Commission is aware of the Fund’s restricted purpose, to compensate for actual loss as defined by section eight-401. As a result, any award the Commission makes from the Fund will have to be for actual loss, mainly because the Commission is presumed to know the scope of its authority, and act within these bounds.

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