(1) Subject to the hearing provisions of § 12.5-212 of this subtitle, the Secretary may deny a license to an applicant, reprimand a licensee, or suspend or revoke a license if the applicant or licensee or an agent, employee, manager, or partner of the applicant or licensee:
(i) fraudulently or deceptively obtains or attempts to obtain a license or photo identification card for the applicant or licensee or for another person;
(ii) fraudulently or deceptively uses a license or photo identification card;
(iii) presents or attempts to present the license or photo identification card of another licensee or employee of a licensee as the applicant's or licensee's license or photo identification card;
(iv) uses or attempts to use an expired, suspended, or revoked license or false photo identification card;
(v) has a similar license or certificate denied, suspended, or revoked in another jurisdiction;
(vi) under the laws of the United States or of any state, is convicted of a:
1. felony; or
2. misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to be involved in providing locksmith services;
(vii) knowingly employs or knowingly continues to employ an individual who, under the laws of the United States or of any state, is convicted of:
1. a felony that is directly related to the fitness and qualification of the employee to be involved in providing locksmith services; or
2. a misdemeanor that is directly related to the fitness and qualification of the employee to be involved in providing locksmith services;
(viii) fails to maintain the liability insurance required under § 12.5-205 of this subtitle;
(ix) engages in a pattern of unfair or deceptive trade practices under the Consumer Protection Act, as determined by a final administrative order or judicial decision;
(x) knowingly uses or permits the use of any of the licensee's or an employee of a licensee's skills, tools, or facilities for the commission of any crime;
(xi) willfully fails to provide or willfully misrepresents any information required to be provided under this title;
(xii) violates this title; or
(xiii) violates a regulation adopted under this title.
(2) (i) Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Secretary may impose a penalty not exceeding $5,000 for each violation.
(ii) To determine the amount of the penalty imposed under this subsection, the Secretary shall consider:
1. the seriousness of the violation;
2. the harm caused by the violation;
3. the good faith of the licensee; and
4. any history of previous violations by the licensee.
(3) The Secretary shall pay any penalty collected under this subsection into the General Fund of the State.
(b) Considerations.- The Secretary shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of an applicant or licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(1)(vi) 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 act as a locksmith;
(4) the length of time since the conviction; and
(5) the behavior and activities of the applicant or licensee before and after the conviction.
(1) Subject to the hearing provisions of § 12.5-212 of this subtitle, the Secretary may deny a license to an applicant, reprimand a licensee, or suspend or revoke a license if the applicant or licensee or an agent, employee, manager, or partner of the applicant or licensee:
(i) fraudulently or deceptively obtains or attempts to obtain a license or photo identification card for the applicant or licensee or for another person;
(ii) fraudulently or deceptively uses a license or photo identification card;
(iii) presents or attempts to present the license or photo identification card of another licensee or employee of a licensee as the applicant's or licensee's license or photo identification card;
(iv) uses or attempts to use an expired, suspended, or revoked license or false photo identification card;
(v) has a similar license or certificate denied, suspended, or revoked in another jurisdiction;
(vi) under the laws of the United States or of any state, is convicted of a:
1. felony; or
2. misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to be involved in providing locksmith services;
(vii) knowingly employs or knowingly continues to employ an individual who, under the laws of the United States or of any state, is convicted of:
1. a felony that is directly related to the fitness and qualification of the employee to be involved in providing locksmith services; or
2. a misdemeanor that is directly related to the fitness and qualification of the employee to be involved in providing locksmith services;
(viii) fails to maintain the liability insurance required under § 12.5-205 of this subtitle;
(ix) engages in a pattern of unfair or deceptive trade practices under the Consumer Protection Act, as determined by a final administrative order or judicial decision;
(x) knowingly uses or permits the use of any of the licensee's or an employee of a licensee's skills, tools, or facilities for the commission of any crime;
(xi) willfully fails to provide or willfully misrepresents any information required to be provided under this title;
(xii) violates this title; or
(xiii) violates a regulation adopted under this title.
(2) (i) Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Secretary may impose a penalty not exceeding $5,000 for each violation.
(ii) To determine the amount of the penalty imposed under this subsection, the Secretary shall consider:
1. the seriousness of the violation;
2. the harm caused by the violation;
3. the good faith of the licensee; and
4. any history of previous violations by the licensee.
(3) The Secretary shall pay any penalty collected under this subsection into the General Fund of the State.
(b) Considerations.- The Secretary shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of an applicant or licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(1)(vi) 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 act as a locksmith;
(4) the length of time since the conviction; and
(5) the behavior and activities of the applicant or licensee before and after the conviction.
(1) Subject to the hearing provisions of § 12.5-212 of this subtitle, the Secretary may deny a license to an applicant, reprimand a licensee, or suspend or revoke a license if the applicant or licensee or an agent, employee, manager, or partner of the applicant or licensee:
(i) fraudulently or deceptively obtains or attempts to obtain a license or photo identification card for the applicant or licensee or for another person;
(ii) fraudulently or deceptively uses a license or photo identification card;
(iii) presents or attempts to present the license or photo identification card of another licensee or employee of a licensee as the applicant's or licensee's license or photo identification card;
(iv) uses or attempts to use an expired, suspended, or revoked license or false photo identification card;
(v) has a similar license or certificate denied, suspended, or revoked in another jurisdiction;
(vi) under the laws of the United States or of any state, is convicted of a:
1. felony; or
2. misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to be involved in providing locksmith services;
(vii) knowingly employs or knowingly continues to employ an individual who, under the laws of the United States or of any state, is convicted of:
1. a felony that is directly related to the fitness and qualification of the employee to be involved in providing locksmith services; or
2. a misdemeanor that is directly related to the fitness and qualification of the employee to be involved in providing locksmith services;
(viii) fails to maintain the liability insurance required under § 12.5-205 of this subtitle;
(ix) engages in a pattern of unfair or deceptive trade practices under the Consumer Protection Act, as determined by a final administrative order or judicial decision;
(x) knowingly uses or permits the use of any of the licensee's or an employee of a licensee's skills, tools, or facilities for the commission of any crime;
(xi) willfully fails to provide or willfully misrepresents any information required to be provided under this title;
(xii) violates this title; or
(xiii) violates a regulation adopted under this title.
(2) (i) Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Secretary may impose a penalty not exceeding $5,000 for each violation.
(ii) To determine the amount of the penalty imposed under this subsection, the Secretary shall consider:
1. the seriousness of the violation;
2. the harm caused by the violation;
3. the good faith of the licensee; and
4. any history of previous violations by the licensee.
(3) The Secretary shall pay any penalty collected under this subsection into the General Fund of the State.
(b) Considerations.- The Secretary shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of an applicant or licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(1)(vi) 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 act as a locksmith;
(4) the length of time since the conviction; and
(5) the behavior and activities of the applicant or licensee before and after the conviction.
