594

LAWS OF MARYLAND

Ch. 110

(D)  (1) UPON COMPLETION OF THE CRIMINAL BACKGROUND
INVESTIGATION OF AN EMPLOYEE, THE DEPARTMENT SHALL SUBMIT THE
PRINTED STATEMENT TO:

(I)  THE EMPLOYEE'S CURRENT OR PROSPECTIVE
EMPLOYER AT THE FACILITY OR PROGRAM; AND

(II)  THE EMPLOYEE.

(2) UPON COMPLETION OF THE CRIMINAL BACKGROUND
INVESTIGATION OF AN EMPLOYER, THE DEPARTMENT SHALL SUBMIT THE
PRINTED STATEMENT TO:

(I)  THE APPROPRIATE STATE OR LOCAL AGENCY
RESPONSIBLE FOR THE LICENSURE, REGISTRATION, OR CERTIFICATION OF
THE EMPLOYER'S FACILITY; AND

(II)  THE EMPLOYER.

(E) (1) EXCEPT IN THE CASE WHERE A PERSON WHO IS THE
SUBJECT OF AN OUTSTANDING ARREST WARRANT OR CRIMINAL SUMMONS HAS
BEEN IDENTIFIED, ALL INFORMATION OBTAINED BY THE DEPARTMENT
REGARDING ANY CRIMINAL CHARGES AND THEIR DISPOSITION:

(1) SHALL BE CONFIDENTIAL;

(2) MAY NOT BE TRANSMITTED OUTSIDE THE DEPARTMENT,
EXCEPT AS EXPRESSLY AUTHORIZED UNDER THIS PART VI; AND .

(3) MAY NOT BE TRANSMITTED TO ANYONE WITHIN THE
DEPARTMENT EXCEPT AS NEEDED FOR THE PURPOSE OF EVALUATING THE
APPLICATION.

(F) ANY PERSON WHO VIOLATES ANY PROVISION OF SUBSECTION (E)
OF THIS SECTION IS GUILTY OF A MISDEMEANOR AND, UPON CONVICTION,
IS SUBJECT TO A FINE OF NOT MORE THAN $500 OR IMPRISONMENT NOT
EXCEEDING 60 DAYS, OR BOTH.

(2) INFORMATION OBTAINED BY THE EMPLOYER FROM THE
DEPARTMENT UNDER THIS PART VI SHALL BE CONFIDENTIAL.

5-565.

(A)  IN CONFORMITY WITH THE FOLLOWING PROCEDURES, AN
INDIVIDUAL MAY CONTEST THE FINDING OF A CRIMINAL CONVICTION OR
PENDING CHARGE REPORTED IN A PRINTED STATEMENT.

(B)  IN CONTESTING THE FINDING OF A CONVICTION OR A PENDING
CHARGE, THE INDIVIDUAL SHALL CONTACT THE OFFICE OF THE SECRETARY,
OR A DESIGNEE OF THE SECRETARY, AND A HEARING SHALL BE CONVENED
WITHIN 20 WORKDAYS, UNLESS SUBSEQUENTLY WAIVED BY THE INDIVIDUAL.
THE SECRETARY, OR A DESIGNEE OF THE SECRETARY, SHALL RENDER A
DECISION REGARDING THE APPEAL WITHIN 5 WORKDAYS OF THE HEARING.