MARVIN MANDEL, Governor                                  719

(II) EXPRESSLY AUTHORIZED BY STATUTE,
EXECUTIVE ORDER OF THE GOVERNOR, OR RULE OF COURT TO
GRANT, DENY, SUSPEND, REVOKE, OR TERMINATE A LICENSE,
EMPLOYMENT, OR OTHER RIGHT OR PRIVILEGE, AND THE STATUTE,
ORDER, OR RULE SPECIFIES THE EXISTENCE OR NON-EXISTENCE
OF A PRIOR CONVICTION OR OTHER CRIMINAL CONDUCT AS A
CONDITION TO THE GRANT, DENIAL, SUSPENSION, REVOCATION,
OR TERMINATION OF THE LICENSE, EMPLOYMENT, RIGHT, OR
PRIVILEGE. REFERENCES TO "GOOD MORAL CHARACTER,"
"TRUSTWORTHINESS," OR OTHER NONSPECIFIC TRAITS ARE NOT
SUFFICIENT TO AUTHORIZE DISSEMINATION.

(D) THE FOLLOWING NONCRIMINAL JUSTICE PERSONS AND
AGENCIES MAY RECEIVE CRIMINAL HISTORY RECORD INFORMATION
FOR THE PURPOSES AND UNDER THE CONDITIONS STATED:

(1)    THE DEPARTMENT OF PERSONNEL OR OTHER
APPOINTING AUTHORITY OF THE STATE OR A LOCAL GOVERNMENT
MAY RECEIVE SUCH INFORMATION FOR THE PURPOSE OF
EMPLOYMENT SUITABILITY OR ELIGIBILITY FOR SECURITY
CLEARANCES;

(2)    THE MARYLAND PUBLIC DEFENDER OR ANY
DEFENSE COUNSEL OF RECORD MAY RECEIVE SUCH INFORMATION
FOR THE PURPOSE OF THE DEFENSE OF A CLIENT IN A PENDING
CRIMINAL PROCEEDING[[, IF AUTHORIZED BY THE MARYLAND
RULES]];

(3)     A BAIL BONDSMAN MAY RECEIVE SUCH
INFORMATION RELATING TO A CLIENT, IF AUTHORIZED BY THE
MARYLAND RULES;

(4)    THE JUVENILE SERVICES ADMINISTRATION MAY
RECEIVE SUCH INFORMATION FOR THE PURPOSES OF AN
INVESTIGATION     PURSUANT TO THE DISPOSITION OF A JUVENILE
CASE;

(5)    THE GOVERNOR'S COMMISSION ON LAW
ENFORCEMENT AND THE ADMINISTRATION OF JUSTICE MAY RECEIVE
SUCH INFORMATION FOR THE PURPOSES OF RESEARCH,
EVALUATION, AND STATISTICAL ANALYSIS OF CRIMINAL

ACTIVITY,___EXCEPT THAT SUCH INFORMATION MAY NOT INCLUDE

THE NAME OF ANY INDIVIDUAL INCLUDED IN THE STATISTICAL
ANALYSIS;

[[(6) ANY PROSPECTIVE EMPLOYER WHO, UNDER    THE

LAW OF THIS STATE, WOULD BE LIABLE TO A THIRD PARTY    FOR

CRIMINAL ACTS COMMITTED BY ITS EMPLOYEES IF IT FAILED      TO

USE DUE CARE IN DETERMINING THE PROPENSITY OF      THE

EMPLOYEES FOR CRIMINAL BEHAVIOR PRIOR TO HIRING THEM,     MAY
RECEIVE SUCH INFORMATION PERTAINING TO A PROSPECTIVE
EMPLOYEE;]]

(6) ANY EMPLOYER WHO DEMONSTRATES TO THE

SECRETARY OR THE COURT OF APPEALS THAT THE ACTIVITIES OF

THE PROSPECTIVE EMPLOYEE FOR WHOM THE CRIMINAL HISTORY

RECORD INFORMATION IS REQUESTED WOULD BRING THE EMPLOYEE

INTO SUCH CLOSE AND SENSITIVE CONTACT WITH THE MEMBERS OF