2010 Maryland Code
TITLE 8 - HOME IMPROVEMENT
Subtitle 7 - Mold Remediation Services
Section 8-711 - License - Denial, suspension, revocation.
§ 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.]
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