Ch. 347                                    1996 LAWS OF MARYLAND

(b)     Except as otherwise provided by law, if the Secretary determines that the
limitation is required for the performance of the duties of a class, the Secretary, by
regulation, may set for that class a limitation as to:

(1)     age;

(2)     habits;

(3)     health;

(4)     moral character;

(5)     physical condition; or

(6)     other qualifications.

(c)     (1) An applicant who has been convicted of a crime may nonetheless take an
examination under this subtitle if:

(i) the applicant otherwise is qualified to take the examination; and

(ii) the applicant:

1.       has served the sentence imposed;

2.       has received a conditional commutation of sentence;

3.       has received a conditional or full pardon; or

4.       has been paroled or placed on probation.

(2) If an applicant who has been convicted of a crime is certified by the
Secretary as eligible for appointment to a position, the appointing authority may consider
the conviction in deciding whether to appoint the applicant to the position.]

[4-204.

(a)     Subject to the requirements of subsection (b) of this section, the Secretary or
the head of a principal department or other independent unit for a unique class may
disqualify and refuse to examine an applicant if the applicant:

(1)     does not meet the requirements for taking the examination or for
appointment to the position;

(2)     has a mental or physical disability that precludes performance of the
duties of the position;

(3)     intentionally falsified information in the application; or

(4)     has been deceptive or fraudulent in any phase of the examination or
appointment process.

(b)     The Secretary may not disqualify an applicant under this section unless the
Secretary or the designee of the Secretary:

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