(a)(1) Subject to the hearing provisions of § 4-514 of this subtitle, the Board may deny a barbershop permit to any applicant, reprimand any permit holder, or suspend or revoke a barbershop permit:
(i) for any applicable ground under § 4-314 of this title;
(ii) if the applicant or holder fraudulently or deceptively obtains or attempts to obtain a barbershop permit for the applicant or holder or for another;
(iii) if the applicant or holder fraudulently or deceptively uses a barbershop permit; or
(iv) if the holder fails to pay a civil penalty imposed by the Board under § 4-608 of this title.
(2)(i) Instead of or in addition to reprimanding a permit holder or suspending or revoking a permit under this subsection, the Board may impose a penalty not exceeding $300 for all violations cited on a single date.
(ii) To determine the amount of penalty imposed under this subsection, the Board shall consider the following:
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 barber 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.
Commencement of proceedings
(b) The Board shall commence proceedings under this section on a complaint to the Board by a member of the Board or any person.
Form and contents of complaint
(c)(1) A complaint shall:
(i) be in writing;
(ii) be signed by the complainant;
(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.
(2) If service is made by certified mail, the person who mails the document shall file with the Board verified proof of mailing.
(3) If a complaint is made by any person other than a member of the Board, the complaint shall be made under oath by the person who submits the complaint.
Findings by Board
(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 § 4-514 of this subtitle, the Board shall act on the complaint as provided under § 4-514 of this subtitle to deny, suspend, or revoke a barbershop permit, or reprimand or assess a penalty against the holder of the permit.
(2) If the Board does not make the finding, the Board shall dismiss the complaint.
Opportunity to correct violation
(e)(1) If the Board makes the finding under subsection (d)(1) of this section for a violation that relates to the sanitary condition of the barbershop, the Board shall provide the owner of the barbershop an opportunity to correct the alleged violation.
(2) If the barbershop owner fails to correct each alleged violation within 10 days of written notification by the Board, the Board shall act on the complaint as provided under § 4-514 of this subtitle.
(3) If the barbershop owner corrects each alleged violation within 10 days of notice, the Board shall:
(i) dismiss the complaint; and
(ii) provide the barbershop owner written notification of dismissal.
Credits
Added by Acts 1989, c. 3, § 1, eff. Oct. 1, 1989. Amended by Acts 1991, c. 479; Acts 1992, c. 22, § 1; Acts 2001, c. 187, § 1, eff. Oct. 1, 2001; Acts 2005, c. 392, § 1, eff. Oct. 1, 2005.
Formerly Art. 56, § 440.
MD Code, Business Occupations & Professions, § 4-513, MD BUS OCCUP & PROF § 4-513
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.
