(a)(1) Subject to the hearing provisions of § 5-315 of this subtitle, the Board may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee:
(i) fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;
(ii) fraudulently or deceptively uses a license;
(iii) is incompetent;
(iv) engages in dishonest, unethical, immoral, or unprofessional conduct;
(v) is addicted to alcohol or drugs to the extent of being unfit to practice cosmetology;
(vi) advertises by means of knowingly false or deceptive statements;
(vii) under the laws of the United States or of any state, is convicted of:
1. a felony; or
2. a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to practice cosmetology;
(viii) violates any provision of this title or any regulation adopted by the Board under this title; or
(ix) fails to pay a civil penalty imposed by the Board under § 5-610 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 $300 for all violations cited on a single day.
(ii) To determine the amount of the penalty imposed under this subsection, the Board shall consider:
1. the seriousness of the violation;
2. the good faith of the violator;
3. the violator's history of previous violations;
4. the deleterious effect of the violation on the complainant, the public, and the cosmetology industry; and
5. any other factors relevant to the determination of the financial penalty.
(3) The Board shall pay any penalty collected under this subsection into the General Fund of the State.
Factors considered in determination
(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)(vii) 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 cosmetology;
(4) the length of time since the conviction; and
(5) the behavior and activities of the applicant or licensee before and after the conviction.
Commencement of proceedings
(c)(1) The Board shall commence proceedings under this section on a complaint to the Board by a member of the Board or any person.
(2) A complaint shall:
(i) be in writing;
(ii) include the name and necessary contact information of the individual filing the complaint, as determined by the Board;
(iii) state specifically the facts on which the complaint is based;
(iv) be submitted to the Executive Director of the Board; and
(v) be served on the person to whom it is directed:
1. personally; or
2. by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the person's last known address as shown on the Board's records.
(3) If service is made by certified mail, the person who mails the document shall file with the Board verified proof of mailing.
Action on complaint
(d)(1) Except as provided in subsection (e) of this section, if the Board finds that a complaint alleges facts that are adequate grounds for action under this section, the Board shall act on the complaint as provided under § 5-315 of this subtitle to deny, suspend, or revoke a license, reprimand a licensee, or assess a penalty.
(2) If the Board does not make the finding, the Board shall dismiss the complaint.
Opportunity to correct violations
(e)(1) If the Board makes the finding under subsection (d)(1) of this section for a violation that relates to the sanitary practice of cosmetology, the Board shall provide the licensee an opportunity to correct the alleged violation.
(2) If the licensee fails to correct each alleged violation within 10 days of written notification of the violation by the Board, the Board shall act on the complaint as provided under § 5-315 of this subtitle.
(3) If the licensee corrects each alleged violation within 10 days of notice, the Board shall:
(i) dismiss the complaint; and
(ii) provide the licensee written notification of the dismissal.
Credits
Added by Acts 1989, c. 3, § 1, eff. Oct. 1, 1989. Amended by Acts 1991, c. 481; Acts 1992, c. 22, § 1; Acts 1998, c. 342, § 1, eff. July 1, 1998; Acts 1999, c. 34, § 1, eff. April 13, 1999; Acts 2001, c. 187, § 1, eff. Oct. 1, 2001; Acts 2005, c. 392, § 1, eff. Oct. 1, 2005; Acts 2010, c. 395, § 1, eff. July 1, 2010.
Formerly Art. 56, § 495.
MD Code, Business Occupations & Professions, § 5-314, MD BUS OCCUP & PROF § 5-314
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
