§ 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.
§ 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.
§ 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.
