Section 6-316 - Denials, reprimands, suspensions, and revocations - Grounds; evidence.
§ 6-316. Denials, reprimands, suspensions, and revocations - Grounds; evidence.
(a) Grounds for State Board action.- Subject to the hearing provisions of § 6-317 of this subtitle, the State Board may deny a State license to any applicant, reprimand any State licensee, or suspend or revoke a State license if the applicant or State licensee:
(1) fraudulently or deceptively obtains or attempts to obtain a State license for the applicant, State licensee, or another person;
(2) fraudulently or deceptively uses a State license;
(3) transfers the authority granted by a State license to another person;
(4) engages in an unfair or deceptive trade practice, as defined in § 13-301 of the Commercial Law Article;
(5) willfully or deliberately disregards and violates a building code, electrical code, or law of the State or a local jurisdiction;
(6) under the laws of the United States or of any state, 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 electrical services;
(7) aids or abets a person to evade a provision of this title;
(8) willfully or deliberately disregards disciplinary action taken by a local jurisdiction;
(9) fails in a material respect to comply with a provision of this title;
(10) fails to train and control adequately a person who, while under the supervision of the State licensee, sells or estimates electrical work;
(11) fails to maintain a local license under § 6-601 of this title; or
(12) fails to maintain the general liability and property damage insurance required under § 6-604 of this title.
(b) Evidence of intent to violate disciplinary provision.- Allowing a State license to be used by another person is, in a disciplinary proceeding under this section, prima facie evidence that a State licensee transferred the authority granted by a State license to another person.
(c) Facts considered.- The Board 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)(6) 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 electrical 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.
[An. Code 1957, art. 56A, § 2-316; 1989, ch. 3, § 1; 1998, ch. 342.]