§ 1-209. Denial of occupational license for previous conviction

   (a) Definitions. --

   (1) In this section, "department" means:

      (i) the Department of Agriculture;

      (ii) the Department of the Environment;

      (iii) the Department of Health and Mental Hygiene;

      (iv) the Department of Human Resources;

      (v) the Department of Labor, Licensing, and Regulation; or

      (vi) the Department of Public Safety and Correctional Services

   (2) "Department" includes any unit of a department specified in paragraph (1) of this subsection.

(b) Applicability. -- This section does not apply to a person who was previously convicted of a crime of violence, as defined in § 14-101 of the Criminal Law Article.

(c) State policy. -- It is the policy of the State to encourage the employment of nonviolent ex-offenders and remove barriers to their ability to demonstrate fitness for occupational licenses or certifications required by the State.

(d) Prohibition; exception. -- A department may not deny an occupational license or certificate to an applicant solely on the basis that the applicant has previously been convicted of a crime, unless the department determines that:

   (1) there is a direct relationship between the applicant's previous conviction and the specific occupational license or certificate sought; or

   (2) the issuance of the license or certificate would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

(e) Considerations. -- In making the determination under subsection (d) of this section, the department shall consider:

   (1) the policy of the State expressed in subsection (c) of this section;

   (2) the specific duties and responsibilities required of a licensee or certificate holder;

   (3) whether the applicant's previous conviction has any impact on the applicant's fitness or ability to perform the duties and responsibilities authorized by the license or certificate;

   (4) the age of the applicant at the time of the conviction and the amount of time that has elapsed since the conviction;

   (5) the seriousness of the offense for which the applicant was convicted;

   (6) other information provided by the applicant or on the applicant's behalf with regard to the applicant's rehabilitation and good conduct; and

   (7) the legitimate interest of the department in protecting property and the safety and welfare of specific individuals or the general public.

HISTORY: 2009, ch. 686.