Section 8-711 - License - Denial, suspension, revocation. - Maryland Statutes

§ 8-711. License - Denial, suspension, revocation.
 

(a)  Grounds.- Subject to the hearing provisions of § 8-712 of this subtitle, the Commission may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the Commission finds that the applicant or licensee: 

(1) obtained a license by false or fraudulent representation; 

(2) transferred the authority granted by the license to another person; 

(3) willfully or deliberately disregarded and violated any regulations established by the Commission under this subtitle; 

(4) willfully or deliberately disregarded and violated laws of the State or of any municipality, city, or county of the State; 

(5) 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 mold remediation services; 

(6) aided or abetted a person to evade a provision of this subtitle by allowing a license to be used by an unlicensed person, firm, or corporation; 

(7) performed work under a mold remediation services contract or project that is inadequate or incomplete; 

(8) made any material misrepresentation in the procurement of a mold remediation services contract or project; or 

(9) violated this subtitle. 

(b)  By agent, director, etc.- Subject to the hearing provisions of § 8-712 of this subtitle, the Commission may reprimand a licensee or suspend or revoke a license of a licensee for a violation of this title by an agent, director, employee, manager, officer, partner, or salesperson of the licensee, unless the Commission finds that the licensee: 

(1) had no knowledge of the wrongful conduct; or 

(2) could not prevent the violation. 

(c)  Civil penalty.- Instead of or in addition to reprimanding a licensee or suspending or revoking a license, the Commission may impose a civil penalty under § 8-620 of this title. 

(d)  Factual considerations.- The Commission 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: 

(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 mold remediation 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. 

(e)  Payment of penalty into General Fund.- The Commission shall pay any penalty collected under this section into the General Fund of the State. 
 

[2008, ch. 537, § 2.]