1. (a)

   1. (1) The Commission consists of 9 members.

   2. (2) Of the 9 members of the Commission:

      1. (i) 5 shall be licensed real estate brokers, licensed associate real estate brokers, or licensed real estate salespersons; and
      2. (ii) 4 shall be consumer members.

   3. (3) Of the 5 professional members:

      1. (i) 1 shall be a resident of any county in the area that consists of Cecil, Caroline, Dorchester, Kent, Queen Anne's, Somerset, Talbot, Wicomico, and Worcester counties;
      2. (ii) 1 shall be a resident of any county in the area that consists of Baltimore, Carroll, Harford, and Howard counties;
      3. (iii) 1 shall be a resident of Baltimore City;
      4. (iv) 1 shall be a resident of any county in the area that consists of Anne Arundel, Calvert, Charles, Prince George's, and St. Mary's counties; and
      5. (v) 1 shall be a resident of any county in the area that consists of Allegany, Frederick, Garrett, Montgomery, and Washington counties.
   4. (4) The Governor shall appoint the members with the advice of the Secretary and with the advice and consent of the Senate.
2. (b) Each member of the Commission shall be a citizen of the State.

3. (c) Each professional member of the Commission shall have been:

   1. (1) a resident of any of the counties in the area from which the member is appointed for at least 5 years immediately before appointment; and
   2. (2) a licensed real estate broker, a licensed associate real estate broker, or a licensed real estate salesperson for at least 10 years immediately before appointment.

4. (d)

   1. (1) Each consumer member of the Commission:

      1. (i) shall be a member of the general public;
      2. (ii) may not be a licensee or otherwise be subject to regulation by the Commission;
      3. (iii) may not be required to meet the qualifications for the professional members of the Commission; and
      4. (iv) may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Commission.

   2. (2) While a member of the Commission, a consumer member may not:

      1. (i) have a financial interest in or receive compensation from a person regulated by the Commission; or
      2. (ii) grade any examination given by or for the Commission.
5. (e) Before taking office, each appointee to the Commission shall take the oath required by Article I, § 9 of the Maryland Constitution.

6. (f)

   1. (1) The term of a member is 4 years and begins on June 1.
   2. (2) The terms of members are staggered as required by the terms provided for members of the Commission on October 1, 1989.
   3. (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.
   4. (4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

7. (g)

   1. (1) The Governor may remove a member for incompetence or misconduct.
   2. (2) Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned if the member did not attend at least two-thirds of the Commission meetings held during any consecutive 12-month period while the member was serving on the Commission.
   3. (3) The Governor may waive a member's resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.
   4. (4) In accordance with § 8-501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.

Added by Acts 1989, c. 3, § 1, eff. Oct. 1, 1989. Amended by Acts 1991, c. 492. Renumbered from Business Occupations and Professions § 16-202 by Acts 1994, c. 3, § 13, eff. Feb. 28, 1994. Amended by Acts 2014, c. 588, § 2, eff. Oct. 1, 2014.

Formerly Art. 56A, § 4-202.