2010 Maryland Code
BUSINESS REGULATION
TITLE 12.5 - LOCKSMITHS
Subtitle 2 - Licensing
Section 5-211 - Denial, reprimand, suspension, revocation.

§ 12.5-211. Denial, reprimand, suspension, revocation.
 

(a)  Grounds.-  

(1) Subject to the hearing provisions of § 12.5-212 of this subtitle, the Secretary may deny a license to an applicant, reprimand a licensee, or suspend or revoke a license if the applicant or licensee or an agent, employee, manager, or partner of the applicant or licensee: 

(i) fraudulently or deceptively obtains or attempts to obtain a license or photo identification card for the applicant or licensee or for another person; 

(ii) fraudulently or deceptively uses a license or photo identification card; 

(iii) presents or attempts to present the license or photo identification card of another licensee or employee of a licensee as the applicant's or licensee's license or photo identification card; 

(iv) uses or attempts to use an expired, suspended, or revoked license or false photo identification card; 

(v) has a similar license or certificate denied, suspended, or revoked in another jurisdiction; 

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

1. felony; or 

2. misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to be involved in providing locksmith services; 

(vii) knowingly employs or knowingly continues to employ an individual who, under the laws of the United States or of any state, is convicted of: 

1. a felony that is directly related to the fitness and qualification of the employee to be involved in providing locksmith services; or 

2. a misdemeanor that is directly related to the fitness and qualification of the employee to be involved in providing locksmith services; 

(viii) fails to maintain the liability insurance required under § 12.5-205 of this subtitle; 

(ix) engages in a pattern of unfair or deceptive trade practices under the Consumer Protection Act, as determined by a final administrative order or judicial decision; 

(x) knowingly uses or permits the use of any of the licensee's or an employee of a licensee's skills, tools, or facilities for the commission of any crime; 

(xi) willfully fails to provide or willfully misrepresents any information required to be provided under this title; 

(xii) violates this title; or 

(xiii) violates a regulation adopted under this title. 

(2) (i) Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Secretary may impose a penalty not exceeding $5,000 for each violation. 

(ii) To determine the amount of the penalty imposed under this subsection, the Secretary shall consider: 

1. the seriousness of the violation; 

2. the harm caused by the violation; 

3. the good faith of the licensee; and 

4. any history of previous violations by the licensee. 

(3) The Secretary shall pay any penalty collected under this subsection into the General Fund of the State. 

(b)  Considerations.- The Secretary shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of an applicant or licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(1)(vi) 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 act as a locksmith; 

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

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

[2009, chs. 551, 552.]