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Statutes Text

Article - Business Occupations and Professions




§18–3A–07.

    (a)    By regulation, the Secretary shall stagger the terms of the registrations under this subtitle.

    (b)    Unless a registration is renewed for a 3-year term as provided in this section, the registration expires on the date the Secretary sets.

    (c)    At least 90 days before a registration expires, the applicant shall deliver to the Secretary:

        (1)    a renewal application form;

        (2)    the amount of the renewal fee; and

        (3)    the amount of any late fee, as determined by the Secretary.

    (d)    An individual periodically may renew a registration for an additional 3-year term if the individual:

        (1)    otherwise is entitled to be registered;

        (2)    pays to the Secretary:

            (i)    a renewal fee that is the higher of $15 or an amount which the Secretary determines based on the actual processing costs;

            (ii)    the fee authorized under § 10-221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records;

            (iii)    the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check; and

            (iv)    any late fee required under this subtitle; and

        (3)    submits to the Secretary:

            (i)    a renewal application on the form the Secretary provides;

            (ii)    two complete sets of the applicant’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation; and

            (iii)    satisfactory evidence of compliance with any other requirements under this section for renewal of registration.

    (e)    In accordance with §§ 10-201 through 10-235 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Department of State Police a printed statement of the applicant’s criminal history records information.

    (f)    (1)    Subject to paragraph (2) of this subsection, if a complete application for renewal of registration as required under this subtitle is not received by the Secretary at least 30 calendar days before the certification expires, the Secretary shall assess a late fee of $5 per day until the application is received by the Secretary.

        (2)    The total amount of late fees assessed under this subsection may not exceed $150.

        (3)    The Secretary may not register any applicant under this title if the applicant has outstanding late fee obligations.

    (g)    The Secretary may waive the national criminal history records check required under subsection (d) of this section for an applicant who was registered under § 18-3A-03 of this subtitle if the applicant pays to the Secretary a processing fee of $15.

    (h)    If the renewal application was submitted as required under this section and the national criminal history records check required under this section is not completed before a registration expires, the Secretary shall allow the applicant to operate in a temporary registration status if the applicant otherwise meets the requirements of this section.

    (i)    The temporary registration status shall expire at the earlier of:

        (1)    the completion of the national criminal history records check of the applicant; or

        (2)    the renewal or denial of the registration.

    (j)    (1)    The Secretary shall renew the registration of each individual who meets the requirements of this section.

        (2)    Within 5 days after the Secretary refuses to renew the registration of an individual under this title, the Secretary shall send written notice of the refusal to the individual who submitted the renewal application.



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