§ 6.5-314. Denials, reprimands, suspensions, and revocations

   (a) Grounds. --

   (1) Subject to the hearing provisions of § 6.5-315 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee:

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

      (ii) fraudulently or deceptively uses a license;

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

         1. a felony; or

         2. a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to provide services as a stationary engineer;

      (iv) fails to control or supervise adequately a person who, while under the supervision of a licensee, provides services as a stationary engineer;

      (v) permits a licensee to provide services as a stationary engineer outside the scope of that individual's license grade;

      (vi) permits an individual to provide services as a stationary engineer without the appropriate license issued by the Board;

      (vii) is under the influence of drugs or alcohol while operating an engine, boiler, or other type of power equipment;

      (viii) is guilty of negligence, incompetence, or misconduct while providing stationary engineer services;

      (ix) violates any regulation adopted under this title; or

      (x) violates any provision of this title.

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

      (ii) To determine the amount of the penalty imposed under this subsection, the Board 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 Board shall pay any penalty collected under this subsection into the General Fund of the State.

(b) Factors. -- The Board 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 described in subsection (a)(1)(iii) 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 provide services as a stationary engineer;

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

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

HISTORY: 2005, ch. 613, § 2.