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PARRIS N. GLENDENING, Governor
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Ch. 316
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(VI) THE APPLICANT WAS UNDER THE INFLUENCE OF DRUGS OR
ALCOHOL WHILE OPERATING AN ENGINE, BOILER, OR OTHER TYPE OF POWER
EQUIPMENT; OR
(VII) THE APPLICANT OR LICENSEE KNOWINGLY VIOLATES ANY
PROVISION OF THIS TITLE.
(2) (I) INSTEAD OF OR IN ADDITION TO REPRIMANDING A LICENSEE
OR SUSPENDING OR REVOKING A LICENSE UNDER THIS SUBSECTION, THE BOARD
MAY IMPOSE A PENALTY NOT EXCEEDING $5,000 FOR EACH VIOLATION.
(II) TO DETERMINE THE AMOUNT OF THE PENALTY IMPOSED
UNDER THIS SUBSECTION, THE BOARD SHALL CONSIDER;
1. THE SERIOUSNESS OF THE VIOLATION;
2. THE HARM CAUSED BY THE VIOLATION;
3. THE GOOD FAITH OF THE LICENSEE; AND
4. ANY HISTORY OF PREVIOUS VIOLATIONS BY THE
LICENSEE.
(3) THE BOARD SHALL PAY ANY PENALTY COLLECTED UNDER THIS
SUBSECTION INTO THE GENERAL FUND OF THE STATE.
(B) THE BOARD SHALL CONSIDER THE FOLLOWING FACTS IN THE GRANTING,
DENIAL, RENEWAL, SUSPENSION, OR REVOCATION OF A LICENSE OR THE
REPRIMAND OF A LICENSEE WHEN AN APPLICANT OR LICENSEE IS CONVICTED OF A
FELONY OR MISDEMEANOR DESCRIBED IN SUBSECTION (A)(1)(III) OF THIS SECTION:
(1) THE NATURE OF THE CRIME;
(2) THE RELATIONSHIP OF THE CRIME TO THE ACTIVITIES AUTHORIZED
BY THE LICENSE;
(3) WITH RESPECT TO A FELONY, THE RELEVANCE OF THE CONVICTION
TO THE FITNESS AND QUALIFICATION OF THE APPLICANT OR LICENSEE TO
PRACTICE ENGINEERING;
(4) THE LENGTH OF TIME SINCE THE CONVICTION; AND
(5) THE BEHAVIOR AND ACTIVITIES OF THE APPLICANT OR LICENSEE
BEFORE AND AFTER THE CONVICTION.
6.5-314.
(A) SUBJECT TO THE PROVISIONS OF THIS SECTION, THE BOARD SHALL
COMMENCE PROCEEDINGS UNDER § 6.5-313 OF THIS SUBTITLE ON A COMPLAINT
MADE TO THE BOARD BY A MEMBER OR ANY OTHER PERSON.
(B) (1) A COMPLAINT SHALL:
(I) BE IN WRITING;
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- 2775 -
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