§ 5-310. Denial, suspension, and revocation

   (a) In general. -- Subject to the hearing provisions of § 5-312 of this subtitle, the Director may deny a registration or permit to an applicant, reprimand a person subject to the registration or permit provisions of this title, or suspend or revoke a registration or permit if an applicant, registrant, or permit holder, or an agent, employee, officer, director, or partner of the applicant, registrant, or permit holder:

   (1) fraudulently or deceptively obtains or attempts to obtain a registration or permit;

   (2) fraudulently or deceptively uses a registration or permit;

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

      (i) felony; or

      (ii) misdemeanor that is directly related to the fitness and qualifications of the applicant, registrant, or permit holder to own or operate a cemetery or crematory or provide burial goods;

   (4) fails to provide or misrepresents any information required to be provided under this title;

   (5) violates this title;

   (6) violates the code of ethics adopted by the Director;

   (7) violates a regulation adopted under this title;

   (8) fails to provide reasonable and adequate supervision of the operation of the cemetery or crematory or the provision of burial goods by agents, employees, officers, directors, or partners affiliated with a cemetery, crematory, or burial goods business;

   (9) refuses to allow an inspection required by this title;

   (10) fails to comply with an order of the Director;

   (11) fails to comply with any terms of settlement under a binding arbitration agreement;

   (12) is found guilty by a court in this State of violating an unfair or deceptive trade practices provision under Title 13 of the Commercial Law Article; or

   (13) fails to comply with § 5-513 of the Health - General Article.

(b) Restraining orders. --

   (1) If a person is charged with a violation of this title that could result in suspension or revocation of a registration or permit, the Director may seek an immediate restraining order in a circuit court in this State to prohibit the person from engaging in the operation of any cemetery, crematory, or burial goods business.

   (2) The restraining order is in effect until:

      (i) the court lifts the order; or

      (ii) the charges are adjudicated or dismissed.

(c) Other actions by Director. -- If a person is charged with a violation of this title that could result in suspension or revocation of a registration or permit, the Director may petition a court to:

   (1) appoint a receiver or trustee to take charge of the assets and operate the business of the person in the event that the registration or permit is suspended or revoked; and

   (2) take any actions as are appropriate to protect the public interest.

(d) Civil penalty. -- Instead of or in addition to reprimanding a person, or suspending or revoking a registration or permit, the Director may impose a civil penalty:

   (1) not to exceed $ 5,000 for each violation of this title or an order of the Director under this title; and

   (2) not to exceed $ 500 for each day a violation continues past the time set for its correction.

(e) Amount of penalty. -- To determine the amount of the penalty imposed under this subsection, the Director shall consider:

   (1) the seriousness of the violation;

   (2) the harm caused by the violation;

   (3) the good faith efforts of the person; and

   (4) any history of previous violations by the person.

(f) Payment into General Fund. -- Any civil penalties collected under this section shall be paid into the General Fund of the State.

(g) Facts to consider. -- The Director shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a registration or permit or the reprimand of a registrant or permit holder when an applicant, registrant, or permit holder, or an agent, employee, officer, director, or partner of an applicant, registrant, or permit holder is convicted of a felony or misdemeanor described in subsection (a)(3) of this section:

   (1) the nature of the crime;

   (2) the relationship of the crime to the activities authorized by this title;

   (3) with respect to a felony, the relevance of the conviction to the fitness and qualifications of the applicant, registrant, or permit holder, or agent, employee, officer, director, or partner to operate a cemetery or provide burial goods;

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

   (5) the behavior and activities of the applicant, registrant, or permit holder, or any agent, employee, officer, director, or partner before and after the conviction.

HISTORY: 1997, ch. 675, § 2; 1998, ch. 342; 2001, ch. 186, § 1; 2006, ch. 348; 2007, ch. 5; 2010, ch. 450; 2012, chs. 500, 501.