EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0482*
HOUSE BILL 482
C3, E2 5lr1190
HB 175/24 – ECM
By: Delegate Harrison
Introduced and read first time: January 20, 2025
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Occupational Licensing and Certification – Criminal History – 2
Predetermination Review Process 3
FOR the purpose of establishing a predetermination review process for occupational 4
licenses and certificates in certain departments of State government; and generally 5
relating to occupational licensing and certification. 6
BY repealing and reenacting, with amendments, 7
Article – Criminal Procedure 8
Section 1–209 9
Annotated Code of Maryland 10
(2018 Replacement Volume and 2024 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Criminal Procedure 14
1–209. 15
(a) (1) In this section, “department” means: 16
(i) the Department of Agriculture; 17
(ii) the Department of the Environment; 18
(iii) the Maryland Department of Health; 19
(iv) the Department of Human Services; OR 20
2 HOUSE BILL 482
(v) the Maryland Department of Labor[; or 1
(vi) the Department of Public Safety and Correctional Services]. 2
(2) “Department” includes any unit of a department specified in paragraph 3
(1) of this subsection. 4
(b) This section does not apply to a person who: 5
(1) was previously convicted of a crime of violence, as defined in § 14–101 6
of the Criminal Law Article; OR 7
(2) IS APPLYING FOR LICENSU RE OR LICENSE RENEWA L UNDER 8
TITLE 11, SUBTITLE 6 OF THE FINANCIAL INSTITUTIONS ARTICLE. 9
(c) It is the policy of the State to encourage the employment of nonviolent 10
ex–offenders and remove barriers to their ability to demonstrate fitness for occupational 11
licenses or certifications required by the State. 12
(d) Except as provided in subsection (f) of this section, a department may not deny 13
an occupational license or certificate to an applicant solely on the basis that the applicant 14
has previously been convicted of a crime, unless the department determines that: 15
(1) there is a direct relationship between the applicant’s previous 16
conviction and the specific occupational license or certificate sought; or 17
(2) the issuance of the license or certificate would involve an unreasonable 18
risk to property or to the safety or welfare of specific individuals or the general public. 19
(e) In making the determination under subsection (d) of this section, the 20
department shall consider: 21
(1) the policy of the State expressed in subsection (c) of this section; 22
(2) the specific duties and responsibilities required of a licensee or 23
certificate holder; 24
(3) whether the applicant’s previous conviction has any impact on the 25
applicant’s fitness or ability to perform the duties and responsibilities authorized by the 26
license or certificate; 27
(4) the age of the applicant at the time of the conviction and the amount of 28
time that has elapsed since the conviction; 29
(5) the seriousness of the offense for which the applicant was convicted; 30
HOUSE BILL 482 3
(6) other information provided by the applicant or on the applicant’s behalf 1
with regard to the applicant’s rehabilitation and good conduct; and 2
(7) the legitimate interest of the department in protecting property and the 3
safety and welfare of specific individuals or the general public. 4
(f) (1) (I) [This subsection does not apply to a conviction of a crime for 5
which registration on the sex offender registry is required under Title 11, Subtitle 7 of this 6
article. 7
(2) If a period of 7 years or more has passed since an applicant completed 8
serving the sentence for a crime, including all imprisonment, mandatory supervision, 9
probation, and parole, and the applicant has not been charged with another crime other 10
than a minor traffic violation, as defined in § 10–101 of this article, during that time, a 11
department may not deny an occupational license or certificate to the applicant solely on 12
the basis that the applicant was previously convicted of the crime.] AN INDIVIDUAL MAY 13
FILE A REQUEST WITH A DEPARTMENT FOR REV IEW OF THE INDIVIDUA L’S CRIMINAL 14
HISTORY TO DETERMINE WHETHER THE INDIVIDU AL’S CRIMINAL HISTORY W OULD 15
DISQUALIFY THE INDIV IDUAL FROM OBTAINING THE OCCUPATIONAL LIC ENSE OR 16
CERTIFICATE BEING S OUGHT. 17
(II) THE DETERMINATION OF A DEPARTMENT REGARDI NG 18
WHETHER THE OCCUPATI ONAL LICENSE OR CERT IFICATE WOULD BE APP ROVED OR 19
DENIED TO THE INDIVI DUAL REQUESTING THE PREDETERMINATION UND ER 20
SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL BE BINDING ON TH E DEPARTMENT 21
UNLESS THERE IS A SU BSEQUENT DIRECT AND MATERIAL ADVERSE CHA NGE TO THE 22
INDIVIDUAL’S CRIMINAL HISTORY . 23
(2) IF A DEPARTMENT DETER MINES THAT AN OCCUPA TIONAL 24
LICENSE OR CERTIFICA TE WOULD BE DENIED T O THE INDIVIDUAL UND ER 25
PARAGRAPH (1) OF THIS SUBSECTI ON, THE DEPARTMENT SHALL , IF APPLICABLE, 26
ADVISE THE INDIVIDUA L OF ANY ACTION THAT MAY BE TAKEN BY THE INDIVIDUAL 27
TO REMEDY THE REASON FOR THE DISQUALIFICA TION. 28
(3) (I) AN INDIVIDUAL MAY SUB MIT A REVISED REQUES T FOR A 29
PREDETERMINATION TO THE DEPARTMENT T HAT MADE A PREDETERM INATION ON 30
THE APPROVAL OR DENI AL OF AN OCCUPATIONA L LICENSE OR CERTIFI CATE UNDER 31
PARAGRAPH (1) OF THIS SUBSECTION T HAT INCLUDES THE COM PLETION OF ANY 32
RECOMMENDED REMEDIAL ACTIONS. 33
(II) AN INDIVIDUAL MAY SUB MIT A REVISED REQUES T FOR A 34
PREDETERMINATION UND ER SUBPARAGRAPH (I) OF THIS PARAGRAPH TH E EARLIER 35
OF: 36
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1. 1 YEAR AFTER THE DATE THE INDIVIDUAL RECEI VED 1
THE PREDETERMINATION UNDER PARAGRAPH (1) OF THIS SUBSECTION ; OR 2
2. ON COMPLETION OF THE REMEDIAL ACTIONS 3
RECOMMENDED BY THE DEPARTMENT UNDER PARAGRAPH (2) OF THIS 4
SUBSECTION. 5
(4) (I) A DEPARTMENT MAY CHARG E A CRIMINAL HISTORY REVIEW 6
FEE TO AN INDIVIDUAL TO CONDUCT A REVIEW UNDER THIS SECTION N OT 7
EXCEEDING $100. 8
(II) THE FEE CHARGED UNDER SUBPARAGRAPH (I) OF THIS 9
PARAGRAPH MAY BE WAIVED IF THE IND IVIDUAL’S INCOME IS AT OR BE LOW 300% 10
OF THE FEDERAL POVER TY LEVEL, AS DETERMINED BY THE DISTRICT COURT OF 11
MARYLAND. 12
(G) NOTHING IN THIS SECTI ON MAY BE CONSTRUED TO: 13
(1) OVERRIDE, SUPERSEDE, OR INVALIDATE ANY CO MPACT OR 14
AGREEMENT ALREADY IN PLACE WITH REGARD TO THE REGULATION OF AN Y 15
PROFESSION OR OCCUPA TION BY A DEPARTMENT ; OR 16
(2) SUPERSEDE THE AUTHOR ITY OF A DEPARTMENT TO REQUIRE AN 17
APPLICANT OR A LICEN SEE TO SUBMIT TO A C RIMINAL HISTORY RECO RDS REVIEW 18
IN ACCORDANCE W ITH THIS SECTION. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
October 1, 2025. 21