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MD HB906

MD HB906
Occupational Licensing and Certification - Criminal History - Prohibited Disclosures and Predetermination Review Process


summary

Introduced
02/09/2023
In Committee
02/09/2023
Crossed Over
Passed
Dead
04/10/2023

Introduced Session

2023 Regular Session

Bill Summary

AN ACT concerning Occupational Licensing and Certification - Criminal History - Prohibited Disclosures and Predetermination Review Process FOR the purpose of altering certain provisions of law regarding the prohibition on certain departments of State Government from denying an occupational license or certificate to an applicant solely on the basis of the criminal history of the applicant by prohibiting a department from requiring disclosure of certain actions on an application and establishing a predetermination review process; and generally relating to occupational licensing and certification. BY repealing and reenacting, with amendments, Article - Criminal Procedure Section 1-209 Annotated Code of Maryland (2018 Replacement Volume and 2022 Supplement)

AI Summary

This bill aims to modify the laws regarding the prohibition on certain state government departments from denying an occupational license or certificate solely based on an applicant's criminal history. The key provisions include: 1. Prohibiting departments from requiring applicants to disclose certain information, such as deferred adjudications, participation in diversion programs, arrests not followed by convictions, convictions with no possible imprisonment, sealed/expunged/pardoned convictions, juvenile delinquency adjudications, and certain misdemeanor convictions. 2. Allowing departments to deny a license or certificate only if there is a direct relationship between the applicant's previous conviction and the specific license or certificate, or if the issuance would pose a direct and substantial threat to public safety or specific individuals or property. 3. Establishing a predetermination review process where an individual can request a review of their criminal history to determine if it would disqualify them from obtaining a particular license or certificate, with the department's determination being binding unless there is a subsequent change to the individual's criminal history. 4. Requiring departments to advise individuals on any remedial actions that may be taken to address disqualifications and allowing for revised predetermination requests. 5. Allowing departments to charge a fee for the criminal history review, but requiring the fee to be waived if the individual's income is at or below 300% of the federal poverty level.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

House Economic Matters Hearing (13:00:00 2/21/2023 ) (on 02/21/2023)

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