§ 1-505. Procedure; considerations in denying license, and imposition of sanctions; completion of contracts

   (a) Procedure. --

   (1) Except as provided in paragraph (2) of this subsection, a licensing authority, before taking any action in regard to an initial license application, an application for a license renewal, or against a licensee under this subtitle, shall comply with the provisions of Title 10, Subtitle 2 of the State Government Article.

   (2) The provisions of the Maryland Rules shall govern in the case of a lawyer or an applicant for admission to the bar.

(b) Considerations in denial of license or imposition of sanctions generally. -- In deciding whether to deny an applicant's application for a license or whether to impose license sanctions against a licensee and the nature of the sanctions, a licensing authority shall consider the following factors:

   (1) The relationship between the drug crime and the license, including:

      (i) The licensee's ability to perform the tasks authorized by the license; and

      (ii) Whether the public will be protected if:

         1. In the case of an applicant, the license is issued; or

         2. In the case of a licensee, the license is not suspended or revoked;

   (2) The nature and circumstances of the drug crime;

   (3) If an individual is applying for a license or license renewal, the date of the drug crime; and

   (4) Any other relevant information.

(c) Additional considerations in imposition of sanctions. -- If a licensing authority decides that sanctions against a licensee may be appropriate, before imposing sanctions, the licensing authority:

   (1) Shall consider the impact any sanctions may have on third persons; and

   (2) May take any action to protect the rights of innocent third persons which is in the interests of justice and which is not inconsistent with the provisions of this subtitle.

(d) Completion of contracts by licensee. -- If a licensing authority decides to suspend or revoke a license, the licensing authority may grant the licensee a reasonable time period to complete any existing contracts.

HISTORY: 1990, ch. 410, § 4; 1991, ch. 55, § 2; 1998, ch. 21, § 1; 2002, ch. 213, § 6.