§ 8-311. Denials, reprimands, suspensions, and revocations -- Grounds; penalty

   (a) In general. -- Subject to the hearing provisions of § 8-312 of this subtitle, the Commission may deny a license to an applicant, reprimand a licensee, or suspend or revoke a license if the applicant or licensee or the management personnel of the applicant or licensee:

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

   (2) fraudulently or deceptively uses a license;

   (3) fails to give the Commission information required by this subtitle about an application for a license;

   (4) fails to pass an examination required by this subtitle;

   (5) 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 qualification of the applicant or licensee to engage in home improvement services;

   (6) often fails to perform home improvement contracts;

   (7) falsifies an account;

   (8) engages in fraud;

   (9) as a contractor or subcontractor fails to show financial solvency, based on the intended scope and size of the business in relation to total assets, liabilities, credit rating, and net worth;

   (10) as a contractor or subcontractor lacks competence, as shown by the performance of an unworkmanlike, inadequate, or incomplete home improvement;

   (11) violates this title;

   (12) attempts to violate this title;

   (13) violates a regulation adopted under this title; or

   (14) in the Chesapeake and Atlantic Coastal Bays Critical Area, as defined under § 8-1802 of the Natural Resources Article, fails to comply with:

      (i) the terms of a State or local permit, license, or approval issued for home improvement; or

      (ii) any State or local law, an approved plan, or other legal requirement.

(b) Responsibility for violations by others. -- Subject to the hearing provisions of § 8-312 of this subtitle, the Commission may reprimand a contractor or subcontractor or suspend or revoke the license of a contractor or subcontractor for a violation of this title by an agent, director, employee, manager, officer, partner, or salesperson of the contractor or subcontractor, unless the Commission finds that the contractor or subcontractor or management personnel of the contractor or subcontractor:

   (1) had no knowledge of the wrongful conduct; or

   (2) could not prevent the violation.

(c) Penalty. -- Instead of or in addition to reprimanding a licensee or suspending or revoking a license, the Commission may impose a civil penalty under § 8-620 of this title.

(d) Facts to consider. -- The Commission 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)(5) 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 home improvement services;

   (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: An. Code 1957, art. 56, § 258, 260, 261; 1992, ch. 4, § 2; 1994, ch. 10; 1995, ch. 4, § 1; 1998, ch. 342; 2008, ch. 119, § 1.