Unannotated Code of Maryland (Last Updated: May 16, 2014) |
ARTICLE 41. GOVERNOR -- EXECUTIVE AND ADMINISTRATIVE DEPARTMENTS |
TITLE 1. GENERAL PROVISIONS. |
SUBTITLE 5. LICENSING -- CONTROLLED DANGEROUS SUBSTANCE OFFENSES. |
§ 1-502. Disclosure of convictions; issuance of licenses
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(a) Disclosure of convictions. -- Except as provided in subsection (d) of this section, as a condition to issuance of a license or renewal of a license, a licensing authority may require an individual applying for a license to disclose whether the individual has ever been convicted of a drug crime committed on or after January 1, 1991.
(b) Issuance of licenses. -- Subject to the provisions of § 1-505 of this subtitle, if an individual applying for a license has been convicted of a drug crime committed on or after January 1, 1991, a licensing authority may:
(1) Refuse to issue a license to the individual; or
(2) Issue a license subject to any terms and conditions that the licensing authority deems appropriate under § 1-504 of this subtitle.
(c) Failure to make disclosures. -- Unless a licensee shows good cause for a failure to disclose any information that a licensing authority may require under subsection (a) of this section, a licensing authority may suspend or revoke a licensee's license if a licensee fails to disclose the information that a licensing authority may require under subsection (a) of this section.
(d) Construction of section. -- This section may not be construed to prohibit a licensing authority which on or before January 1, 1990 required an applicant for an initial license or an applicant for a license renewal to disclose a criminal record or prior offense related to a controlled dangerous substance from:
(1) Continuing to require an applicant to disclose a criminal record or prior offense related to a controlled dangerous substance, regardless of the date of the offense; and
(2) Taking any actions permitted by law, including refusing to issue a license, if the applicant:
(i) Discloses a criminal record or prior offense related to a controlled dangerous substance; or
(ii) Wrongfully conceals a criminal record or prior offense related to a controlled dangerous substance.