WILLIAM DONALD SCHAEFER, Governor Ch. 481
(1) BE USED FOR ANY PURPOSE OTHER THAN THAT FOR WHICH IT WAS
DISSEMINATED; AND OR
(2) BE REDISSEMINATED.
(G) INFORMATION OBTAINED FROM THE DEPARTMENT UNDER THIS PART VI
OF THIS SUBTITLE SHALL BE MAINTAINED IN A MANNER TO INSURE THE SECURITY
OF THE INFORMATION.
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.
(c) For purposes of [this] Part VI of this subtitle, the record of a conviction for
a crime [identified in § 5-564 of this subtitle,] or a copy thereof certified by the clerk of
the court or by a judge of the court in which the conviction occurred, shall be conclusive
evidence of the conviction. In a case where a pending charge is recorded, documentation
provided by a court to the Secretary, or a designee of the Secretary, that a pending charge
for a crime [identified in § 5-564 of this subtitle] which has not been finally adjudicated
shall be conclusive evidence of the pending charge.
(d) Failure of the individual to appear at the scheduled hearing shall be
considered grounds for dismissal of the appeal.
5-566.
(A) An individual who fails to disclose a conviction or the existence of pending
charges for a criminal offense or attempted criminal offense as required under § 5-563 of
this subtitle shall be guilty of perjury and upon conviction is subject to the penalty
provided by law.
(B) UNLESS OTHERWISE PROVIDED, A PERSON WHO VIOLATES ANY
PROVISION OF THIS PART VI OF THIS SUBTITLE IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $1,000 OR IMPRISONMENT
NOT EXCEEDING 1 YEAR OR BOTH.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1994.
Approved May 26, 1994.
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