§ 8-310. Denials, reprimands, suspensions, and revocations -- Grounds

   (a) In general. --

   (1) Subject to the hearing provisions of § 8-312 of this subtitle, the Board may deny a certificate to any applicant, reprimand any certificate holder, or suspend or revoke a certificate if the applicant or certificate holder:

      (i) fraudulently or deceptively obtains or renews or attempts to obtain or renew a certificate for the applicant or certificate holder or for another;

      (ii) fraudulently or deceptively uses the title "certified interior designer" or the term "certified interior design services";

      (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 certificate holder to perform certified interior design services;

      (iv) is guilty of any fraud, gross negligence, incompetence, or misconduct in the use of the title "certified interior designer" or the term "certified interior design services";

      (v) signs or seals any interior design documents after a certificate holder's certificate expires or has been suspended or revoked by the Board;

      (vi) violates any regulation that the Board adopts; or

      (vii) violates any provision of this title.

   (2) (i) Instead of or in addition to reprimanding a certificate holder or suspending or revoking a certificate 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 certificate holder; and

         4. any history of previous violations by the certificate holder.

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

(b) Facts considered. -- The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a certificate or the reprimand of a certificate holder when an applicant or certificate holder 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 certificate;

   (3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to perform interior design services;

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

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

HISTORY: 1991, ch. 663; 1994, ch. 3, § 13; 1998, ch. 342; 2001, ch. 187; 2002, ch. 383; 2005, ch. 129.