Section 6-316 - Denials, reprimands, suspensions, and revocations - Grounds; evidence. - Maryland Statutes

§ 6-316. Denials, reprimands, suspensions, and revocations - Grounds; evidence.
 

(a)  Grounds for State Board action.- Subject to the hearing provisions of § 6-317 of this subtitle, the State Board may deny a State license to any applicant, reprimand any State licensee, or suspend or revoke a State license if the applicant or State licensee: 

(1) fraudulently or deceptively obtains or attempts to obtain a State license for the applicant, State licensee, or another person; 

(2) fraudulently or deceptively uses a State license; 

(3) transfers the authority granted by a State license to another person; 

(4) engages in an unfair or deceptive trade practice, as defined in § 13-301 of the Commercial Law Article; 

(5) willfully or deliberately disregards and violates a building code, electrical code, or law of the State or a local jurisdiction; 

(6) under the laws of the United States or of any state, is convicted of: 

(i) a felony; or 

(ii) a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to provide electrical services; 

(7) aids or abets a person to evade a provision of this title; 

(8) willfully or deliberately disregards disciplinary action taken by a local jurisdiction; 

(9) fails in a material respect to comply with a provision of this title; 

(10) fails to train and control adequately a person who, while under the supervision of the State licensee, sells or estimates electrical work; 

(11) fails to maintain a local license under § 6-601 of this title; or 

(12) fails to maintain the general liability and property damage insurance required under § 6-604 of this title. 

(b)  Evidence of intent to violate disciplinary provision.- Allowing a State license to be used by another person is, in a disciplinary proceeding under this section, prima facie evidence that a State licensee transferred the authority granted by a State license to another person. 

(c)  Facts considered.- The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(6) of this section: 

(1) the nature of the crime; 

(2) the relationship of the crime to the activities authorized by the license; 

(3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to provide electrical services; 

(4) the length of time since the conviction; and 

(5) the behavior and activities of the applicant or licensee before and after the conviction. 
 

[An. Code 1957, art. 56A, § 2-316; 1989, ch. 3, § 1; 1998, ch. 342.]