Section 1-209 - Denial of occupational license for previous conviction. - Maryland Statutes

§ 1-209. Denial of occupational license for previous conviction.
 

(a)  Definitions.-  

(1) In this section, "department" means: 

(i) the Department of Agriculture; 

(ii) the Department of the Environment; 

(iii) the Department of Health and Mental Hygiene; 

(iv) the Department of Human Resources; 

(v) the Department of Labor, Licensing, and Regulation; or 

(vi) the Department of Public Safety and Correctional Services 

(2) "Department" includes any unit of a department specified in paragraph (1) of this subsection. 

(b)  Applicability.- This section does not apply to a person who was previously convicted of a crime of violence, as defined in § 14-101 of the Criminal Law Article. 

(c)  State policy.- It is the policy of the State to encourage the employment of nonviolent ex-offenders and remove barriers to their ability to demonstrate fitness for occupational licenses or certifications required by the State. 

(d)  Prohibition; exception.- A department may not deny an occupational license or certificate to an applicant solely on the basis that the applicant has previously been convicted of a crime, unless the department determines that: 

(1) there is a direct relationship between the applicant's previous conviction and the specific occupational license or certificate sought; or 

(2) the issuance of the license or certificate would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public. 

(e)  Considerations.- In making the determination under subsection (d) of this section, the department shall consider: 

(1) the policy of the State expressed in subsection (c) of this section; 

(2) the specific duties and responsibilities required of a licensee or certificate holder; 

(3) whether the applicant's previous conviction has any impact on the applicant's fitness or ability to perform the duties and responsibilities authorized by the license or certificate; 

(4) the age of the applicant at the time of the conviction and the amount of time that has elapsed since the conviction; 

(5) the seriousness of the offense for which the applicant was convicted; 

(6) other information provided by the applicant or on the applicant's behalf with regard to the applicant's rehabilitation and good conduct; and 

(7) the legitimate interest of the department in protecting property and the safety and welfare of specific individuals or the general public. 
 

[2009, ch. 686.]