Section 5-310 - Denial, suspension, and revocation.
§ 5-310. Denial, suspension, and revocation.
(a) In general.- Subject to the hearing provisions of § 5-312 of this subtitle, the Director may deny a registration or permit to an applicant, reprimand a person subject to the registration or permit provisions of this title, or suspend or revoke a registration or permit if an applicant, registrant, or permit holder, or an agent, employee, officer, director, or partner of the applicant, registrant, or permit holder:
(1) fraudulently or deceptively obtains or attempts to obtain a registration or permit;
(2) fraudulently or deceptively uses a registration or permit;
(3) under the laws of the United States or of any state, is convicted of a:
(i) felony; or
(ii) misdemeanor that is directly related to the fitness and qualifications of the applicant, registrant, or permit holder to own or operate a cemetery or crematory or provide burial goods;
(4) fails to provide or misrepresents any information required to be provided under this title;
(5) violates this title;
(6) violates the code of ethics adopted by the Director;
(7) violates a regulation adopted under this title;
(8) fails to provide reasonable and adequate supervision of the operation of the cemetery or crematory or the provision of burial goods by agents, employees, officers, directors, or partners affiliated with a cemetery, crematory, or burial goods business;
(9) refuses to allow an inspection required by this title;
(10) fails to comply with an order of the Director;
(11) fails to comply with any terms of settlement under a binding arbitration agreement; or
(12) is found guilty by a court in this State of violating an unfair or deceptive trade practices provision under Title 13 of the Commercial Law Article.
(b) Restraining orders.-
(1) If a person is charged with a violation of this title that could result in suspension or revocation of a registration or permit, the Director may seek an immediate restraining order in a circuit court in this State to prohibit the person from engaging in the operation of any cemetery, crematory, or burial goods business.
(2) The restraining order is in effect until:
(i) the court lifts the order; or
(ii) the charges are adjudicated or dismissed.
(c) Other actions by Director.- If a person is charged with a violation of this title that could result in suspension or revocation of a registration or permit, the Director may petition a court to:
(1) appoint a receiver or trustee to take charge of the assets and operate the business of the person in the event that the registration or permit is suspended or revoked; and
(2) take any actions as are appropriate to protect the public interest.
(d) Civil penalty.- Instead of or in addition to reprimanding a person, or suspending or revoking a registration or permit, the Director may impose a civil penalty:
(1) not to exceed $5,000 for each violation of this title or an order of the Director under this title; and
(2) not to exceed $500 for each day a violation continues past the time set for its correction.
(e) Amount of penalty.- To determine the amount of the penalty imposed under this subsection, the Director shall consider:
(1) the seriousness of the violation;
(2) the harm caused by the violation;
(3) the good faith efforts of the person; and
(4) any history of previous violations by the person.
(f) Payment into General Fund.- Any civil penalties collected under this section shall be paid into the General Fund of the State.
(g) Facts to consider.- The Director shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a registration or permit or the reprimand of a registrant or permit holder when an applicant, registrant, or permit holder, or an agent, employee, officer, director, or partner of an applicant, registrant, or permit holder is convicted of a felony or misdemeanor described in subsection (a)(3) of this section:
(1) the nature of the crime;
(2) the relationship of the crime to the activities authorized by this title;
(3) with respect to a felony, the relevance of the conviction to the fitness and qualifications of the applicant, registrant, or permit holder, or agent, employee, officer, director, or partner to operate a cemetery or provide burial goods;
(4) the length of time since the conviction; and
(5) the behavior and activities of the applicant, registrant, or permit holder, or any agent, employee, officer, director, or partner before and after the conviction.
[1997, ch. 675, § 2; 1998, ch. 342; 2001, ch. 186, § 1; 2006, ch. 348; 2007, ch. 5; 2010, ch. 450.]