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*hb0482*
HOUSE BILL 482
C3, E2 (5lr1190)
ENROLLED BILL
— Economic Matters/Finance and Education, Energy, and the Environment —
Introduced by Delegate Harrison
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Occupational Licensing and Certification – Criminal History – 2
Predetermination Review Process 3
FOR the purpose of providing that “department” does not include the Maryland Department 4
of Health or the Department of Public Safety and Correctional Services for purposes 5
of certain provisions prohibiting a department from refusing to issue an occupational 6
license or certificate based on a certain conviction under certain circumstances; 7
establishing a predetermination review process for occupational licenses and 8
certificates in certain departments of State government; and generally relating to 9
occupational licensing and certification. 10
BY repealing and reenacting, with amendments, 11
Article – Criminal Procedure 12
Section 1–209 13
Annotated Code of Maryland 14 2 HOUSE BILL 482
(2018 Replacement Volume and 2024 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Criminal Procedure 4
1–209. 5
(a) (1) In this section, “department” means: 6
(i) the Department of Agriculture; 7
(ii) the Department of the Environment; 8
(iii) the Maryland Department of Health; 9
(iv) the Department of Human Services; OR 10
(v) (IV) the Maryland Department of Labor[; or 11
(vi) the Department of Public Safety and Correctional Services]. 12
(2) “Department” includes any unit of a department specified in paragraph 13
(1) of this subsection. 14
(b) This section does not apply to a person who: 15
(1) was previously convicted of a crime of violence, as defined in § 14–101 16
of the Criminal Law Article; OR 17
(2) IS APPLYING FOR LICE NSURE OR LICENSE REN EWAL UNDER 18
TITLE 11, SUBTITLE 6 OF THE FINANCIAL INSTITUTIONS ARTICLE. 19
(c) It is the policy of the State to encourage the employment of nonviolent 20
ex–offenders and remove barriers to their ability to demonstrate fitness for occupational 21
licenses or certifications required by the State. 22
(d) Except as provided in subsection (f) of this section, a department may not deny 23
an occupational license or certificate to an applicant solely on the basis that the applicant 24
has previously been convicted of a crime, unless the department determines that: 25
(1) there is a direct relationship between the applicant’s previous 26
conviction and the specific occupational license or certificate sought; or 27
HOUSE BILL 482 3
(2) the issuance of the license or certificate would involve an unreasonable 1
risk to property or to the safety or welfare of specific individuals or the general public. 2
(e) In making the determination under subsection (d) of this section, the 3
department shall consider: 4
(1) the policy of the State expressed in subsection (c) of this section; 5
(2) the specific duties and responsibilities required of a licensee or 6
certificate holder; 7
(3) whether the applicant’s previous conviction has any impact on the 8
applicant’s fitness or ability to perform the duties and responsibilities authorized by the 9
license or certificate; 10
(4) the age of the applicant at the time of the conviction and the amount of 11
time that has elapsed since the conviction; 12
(5) the seriousness of the offense for which the applicant was convicted; 13
(6) other information provided by the applicant or on the applicant’s behalf 14
with regard to the applicant’s rehabilitation and good conduct; and 15
(7) the legitimate interest of the department in protecting property and the 16
safety and welfare of specific individuals or the general public. 17
(f) (1) (I) [This subsection does not apply to a conviction of a crime for 18
which registration on the sex offender registry is required under Title 11, Subtitle 7 of this 19
article. 20
(2) If a period of 7 years or more has passed since an applicant completed 21
serving the sentence for a crime, including all imprisonment, mandatory supervision, 22
probation, and parole, and the applicant has not been charged with another crime other 23
than a minor traffic violation, as defined in § 10–101 of this article, during that time, a 24
department may not deny an occupational license or certificate to the applicant solely on 25
the basis that the applicant was previously convicted of the crime.] 26
(G) (1) (I) AN INDIVIDUAL MAY FIL E A REQUEST WITH A D EPARTMENT 27
FOR REVIEW OF THE INDIVIDUAL ’S CRIMINAL HISTORY T O DETERMINE WHETHER 28
THE INDIVIDUAL ’S CRIMINAL HISTORY W OULD DISQUALIFY THE INDIVIDUAL FROM 29
OBTAINING THE OCCUPA TIONAL LICENSE OR CE RTIFICATE BEING SOUG HT. 30
(II) THE DETERMINATION OF A DEPARTMENT REGARDI NG 31
WHETHER TH E OCCUPATIONAL LICEN SE OR CERTIFICATE WO ULD BE APPROVED OR 32
DENIED TO THE INDIVI DUAL REQUESTING THE PREDETERMINATION UND ER 33
SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL BE BINDING ON TH E DEPARTMENT 34 4 HOUSE BILL 482
UNLESS THERE IS A SU BSEQUENT DIRECT AND MATERIAL ADVERSE CHA NGE TO THE 1
INDIVIDUAL’S CRIMINAL HISTORY . 2
(III) WHEN CONDUCTING A PRE DETERMINATION REVIEW 3
REQUESTED UNDER SUBP ARAGRAPH (I) OF THIS PARAGRAPH , A DEPARTMENT 4
SHALL UTILIZE THE EX ISTING RESOURCES OF THE DEPARTMENT . 5
(2) IF A DEPARTMENT DETER MINES THAT AN OCCUPATIONAL 6
LICENSE OR CERTIFICA TE WOULD BE DENIED T O THE INDIVIDUAL UND ER 7
PARAGRAPH (1) OF THIS SUBSECTION , THE DEPARTMENT SHALL , IF APPLICABLE, 8
ADVISE THE INDIVIDUA L OF ANY ACTION THAT MAY BE TAKEN BY THE INDIVIDUAL 9
TO REMEDY THE REASON FOR THE DISQUALI FICATION PROVIDE THE INDIVIDU AL 10
WITH AN EXPLANATION FOR ITS DETERMINATIO N, INCLUDING THE BASIS UNDER 11
SUBSECTION (D) OF THIS SECTION. 12
(3) (I) AN INDIVIDUAL MAY SUB MIT A REVISED REQUES T FOR A 13
PREDETERMINATION TO THE DEPARTMENT THAT MADE A PREDETERMINAT ION ON 14
THE APPROVAL OR DENI AL OF AN OCCUPATIONA L LICENSE OR CERTIFI CATE UNDER 15
PARAGRAPH (1) OF THIS SUBSECTION THAT INCLUDES THE CO MPLETION OF ANY 16
RECOMMENDED REMEDIAL ACTIONS. 17
(II) AN INDIVIDUAL MAY SUB MIT A REVISED REQUES T FOR A 18
PREDETERMINATION UND ER SUBPARAGRAPH (I) OF THIS PARAGRAPH TH E EARLIER 19
OF: 20
1. 1 YEAR AFTER THE DATE THE INDIVIDUAL RECEI VED 21
THE PREDETERMINATION UNDER PARAGRAPH (1) OF THIS SUBSECTION ; OR 22
2. ON COMPLETION OF THE REMEDIAL ACTIONS 23
RECOMMENDED BY THE D EPARTMENT UNDER PARAGRAPH (2) OF THIS SUBSECTION 24
IF: 25
(I) 1 YEAR HAS PASSED SINC E THE INDIVIDUAL REC EIVED THE 26
PREDETERMINATION UND ER PARAGRAPH (1) OF THIS SUBSECTION ; OR 27
(II) THERE IS A MATERIAL CHANGE TO THE INDIVI DUAL’S 28
CRIMINAL HISTORY . 29
(4) (I) A DEPARTMENT MAY CHARGE A CRIMINA L HISTORY REVIEW 30
FEE TO AN INDIVIDUAL TO CONDUCT A REVIEW UNDER THIS SECTION N OT 31
EXCEEDING $100. 32
(II) THE FEE CHARGED UNDER SUBPARAGRAPH (I) OF THIS 33
PARAGRAPH MAY BE WAI VED IF THE INDIVIDUA L’S INCOME IS AT OR BE LOW 300% 34 HOUSE BILL 482 5
OF THE FEDER AL POVERTY LEVEL , AS DETERMINED BY THE DISTRICT COURT OF 1
MARYLAND. 2
(G) (H) NOTHING IN THIS SECTI ON MAY BE CONSTRUED TO: 3
(1) OVERRIDE, SUPERSEDE, OR INVALIDATE ANY CO MPACT OR 4
AGREEMENT ALREADY IN PLACE WITH REGARD TO THE REGULATION OF AN Y 5
PROFESSION OR OCCUPATION BY A DEPA RTMENT; OR 6
(2) SUPERSEDE THE AUTHOR ITY OF A DEPARTMENT TO REQUIRE AN 7
APPLICANT OR A LICEN SEE TO SUBMIT TO A C RIMINAL HISTORY RECO RDS REVIEW 8
IN ACCORDANCE WITH T HIS SECTION. 9
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before October 1, 2027, 10
the Department of Agriculture, the Department of the Environment, the Department of 11
Human Services, and the Maryland Department of Labor shall each report to the Senate 12
Finance Committee and the House Economic Matters Committee, in accordance with § 13
2–1257 of the State Government Article, on the implementation of Section 1 of this Act, 14
including the number of predetermination requests conducted and the costs associated with 15
implementation. 16
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2025 July 1, 2025. It shall remain effective for a period of 3 years and, at the end 18
of June 30, 2028, this Act, with no further action required by the General Assembly, shall be 19
abrogated and of no further force and effect. 20
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.