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

MD Bus Occ & Prof Code § 6-316 (2019) (N/A)
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(a)    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)    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)    The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a State license or the reprimand of a State licensee when an applicant or State 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 State license;

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

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

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