|
686
LAWS OF MARYLAND
Ch.8
SUBJECT TO THE HEARING PROVISIONS OF § 17-315 OF THIS
SUBTITLE, THE BOARD, ON THE AFFIRMATIVE VOTE OF A MAJORITY
OF ITS FULL AUTHORIZED MEMBERSHIP, MAY DENY ANY APPLICANT
CERTIFICATION, REPRIMAND ANY INDIVIDUAL CERTIFIED, OR
SUSPEND OR REVOKE A CERTIFICATION, IF THE APPLICANT OR
INDIVIDUAL CERTIFIED:
(1) FRAUDULENTLY OR DECEPTIVELY OBTAINS OR
ATTEMPTS TO OBTAIN A CERTIFICATE FOR THE APPLICANT OR
CERTIFICATE HOLDER OR ANOTHER;
(2) FRAUDULENTLY OR DECEPTIVELY USES A
CERTIFICATE;
(3) KNOWINGLY VIOLATES ANY PROVISION OF THIS
TITLE; OR
(4) COMMITS ANY GROSS NEGLIGENCE, INCOMPETENCE,
OR MISCONDUCT IN THE PRACTICE OF SANITATION.
(B) CHARGES.
ANY PERSON, INCLUDING A BOARD EMPLOYEE, MAY MAKE A
WRITTEN, SPECIFIC CHARGE OF A VIOLATION UNDER SUBSECTION (A)
OF THIS SECTION, IF THE PERSON:
(1) SWEARS TO THE CHARGE; AND
(2) FILES THE CHARGE WITH THE BOARD SECRETARY.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 43, §
733(a), (b), and (e).
In the introductory language of this section, the
phrase "deny any applicant certification" is
standard language added to this and, where
necessary, corresponding sections in other titles
of this article to state expressly a power that
presently is only implied — that the Board may
deny a certification to an applicant who violates
a disciplinary provision under this section.
The present statement that the Board may "refuse
to renew the certificate ... of a registrant" for
the specified reasons is deleted as needless and
misleading. Under Art. 41, § 250A(b) of the
Administrative Procedure Act, if a certified
individual makes timely application for renewal,
the certification does not expire until the Board
has acted on the application and the time for
appeal has run. Under both Art. 41, § 250A(c)
and § 17-315 of this subtitle, ordinarily, the
Board must give the certified individual an
opportunity for a hearing before taking
disciplinary action under this section. If the
Board finds grounds for disciplinary action, it
|
