Md. Code Regs. 10.57.03.05

Current through Register Vol. 51, No. 25, December 13, 2024

Section 10.57.03.05 - Action on Application

A. Criminal History Record Information.

(1) Upon receipt of an applicant's criminal history records information in accordance with Health Occupations Article, § 20-303, Annotated Code of Maryland, the Board shall consider the following factors in determining whether to grant a certificate:

(a) The age at which the crime was committed;

(b) The circumstances surrounding the crime;

(c) The length of time that has passed since the crime;

(d) Subsequent work history;

(e) Employment and character references; and

(f) Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.

(2) The Board may not issue a certificate if the criminal history record information required under Health Occupations Article, § 20-303, Annotated Code of Maryland, has not been received.

B. Upon review of a completed application, the Board shall do one of the following:

(1) Deny certification; or

(2) Notify the applicant that the applicant is qualified to take the examination.

C. Denial of Applications.

(1) The Board may deny certification if the applicant has:

(a) Not completed the academic and experience requirements in Regulation .02 of this chapter;

(b) Failed the examination requirements in Regulation .03 of this chapter;

(c) Failed to remit a fee;

(d) Failed to properly complete the application form;

(e) Violated Health Occupations Article, Title 20, Annotated Code of Maryland, or any provision of this subtitle; or

(f) Been shown to lack good moral character.

(2) If the Board denies certification under §B(1)(e) or (f) of this regulation, the Board or the Board's designee shall:

(a) Provide the applicant written notification of the Board's intent to deny and the basis for that denial; and

(b) Notify the applicant of the applicant's right to request a formal hearing to appeal the denial.

(3) An applicant whose certification has been denied may reapply and shall submit with the new application proof of compliance with:

(a) This subtitle; and

(b) Health Occupations Article, Title 20, Annotated Code of Maryland.

D. Issuance of Certificate.

(1) If the Board approves an applicant for certification and the applicant passes the examination, the Board shall:

(a) Send the applicant a notice specifying that the applicant has qualified for a certificate; and

(b) Issue a certificate to the applicant.

(2) The Board shall include on each certificate the:

(a) Full name of the certificate holder; and

(b) Serial number assigned by the Board

Md. Code Regs. 10.57.03.05

Regulation .05 renumbered from .08 effective 42:18 Md. R. 1175, eff.9/14/2015; amended effective 43:22 Md. R. 1223, eff. 11/7/2016; amended effective 45:26 Md. R. 1246, eff. 12/31/2018