§ 8-711. License -- Denial, suspension, revocation

   (a) Grounds. -- Subject to the hearing provisions of § 8-712 of this subtitle, the Commission may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the Commission finds that the applicant or licensee:

   (1) obtained a license by false or fraudulent representation;

   (2) transferred the authority granted by the license to another person;

   (3) willfully or deliberately disregarded and violated any regulations established by the Commission under this subtitle;

   (4) willfully or deliberately disregarded and violated laws of the State or of any municipality, city, or county of the State;

   (5) is convicted of:

      (i) a felony; or

      (ii) a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to provide mold remediation services;

   (6) aided or abetted a person to evade a provision of this subtitle by allowing a license to be used by an unlicensed person, firm, or corporation;

   (7) performed work under a mold remediation services contract or project that is inadequate or incomplete;

   (8) made any material misrepresentation in the procurement of a mold remediation services contract or project; or

   (9) violated this subtitle.

(b) By agent, director, etc. -- Subject to the hearing provisions of § 8-712 of this subtitle, the Commission may reprimand a licensee or suspend or revoke a license of a licensee for a violation of this title by an agent, director, employee, manager, officer, partner, or salesperson of the licensee, unless the Commission finds that the licensee:

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

   (2) could not prevent the violation.

(c) Civil 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) Factual considerations. -- 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:

   (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 mold remediation 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.

(e) Payment of penalty into General Fund. -- The Commission shall pay any penalty collected under this section into the General Fund of the State.

HISTORY: 2008, ch. 537, § 2.