Md. Code Regs. 20.95.01.26

Current through Register Vol. 51, No. 7, April 5, 2024

Section 20.95.01.26 - Licensure - Driver Screening Standards

A. General. As used in this regulation, the terms "conviction" and "convicted of include a finding of guilt in a criminal or motor vehicle proceeding, the entry of the plea of guilty or nolo contendere, a probation before judgment if the applicant has not yet completed the terms of the probation or if the applicant has been found to have violated the terms of probation, or has been found not criminally responsible pursuant to Maryland Rule 4-134. The terms of an applicant's probation before judgment will be determined by referencing the sentencing and disposition date information contained in the background check or criminal history report provided with the application. Unless the background check or criminal history report indicates otherwise, there will be a presumption that the terms of the probation before judgment have been completed within the period indicated on the report and that the applicant has not violated the terms of the probation.

B. Criminal Offenses.

(1) Tier 1 Felony Offenses involving a Crime of Violence. An individual may be denied a license for an indefinite period if the individual has been convicted of a crime of violence, as defined by Criminal Law Article, § 14-101, Annotated Code of Maryland, including any conspiracy, solicitation, attempt, or accessory to such crime of violence. Crimes of violence include:

(a) Abduction;

(b) Arson in the first degree;

(c) Kidnapping;

(d) Manslaughter, except involuntary manslaughter;

(e) Mayhem;

(f) Maiming;

(g) Murder;

(h) Rape;

(i) Robbery, as defined by Criminal Law Article, § 3-402 or 3-403, Annotated Code of Maryland, including robbery with a deadly weapon;

(j) Carjacking;

(k) Armed carjacking;

(I) Sexual offense in the first degree;

(m) Sexual offense in the second degree;

(n) Use of a handgun in the commission of a felony or other crime of violence;

(o) Child abuse in the first degree under Criminal Law Article, § 3-601, Annotated Code of Maryland;

(p) Sexual abuse of a minor under Criminal Law Article, § 3-602, Annotated Code of Maryland, if:

(i) The victim is under the age of 13 years and the offender is an adult at the time of the offense; and

(ii) The offense involved vaginal intercourse, as defined in Criminal Law Article, § 3-301, Annotated Code of Maryland; a sexual act, as defined in Criminal Law Article, § 3-301, Annotated Code of Maryland; an act in which a part of the offender's body penetrates, however slightly, into the victim's genital opening or anus; or the intentional touching, not through the clothing, of the victim's or the offender's genital, anal, or other intimate area for sexual arousal, gratification, or abuse;

(q) An attempt to commit any of the crimes as described in §B(1)(a)-(p) of this regulation;

(r) Continuing course of conduct with a child under Criminal Law Article, § 3-315, Annotated Code of Maryland;

(s) Assault in the first degree;

(t) Assault with intent to murder;

(u) Assault with intent to rape;

(v) Assault with intent to rob;

(w) Assault with intent to commit a sexual offense in the first degree; and

(x) Assault with intent to commit a sexual offense in the second degree.

(2) Tier 2 Felony Offenses Other than Tier 1 Crimes of Violence. An individual may be denied a license if, within the 7-year period prior to the date of submission of the application, the individual has been convicted of any felony offense that is not defined as a crime of violence under Criminal Law Article, § 14-101, Annotated Code of Maryland. Tier 2 felony offenses include:

(a) Any felony offense against a person including any assault or assault and battery that is not defined as a Tier 1 crime of violence as described in §B(1) of this regulation, or any threat to commit such crime, or any violation of a restraining order;

(b) Any felony offense involving the illegal use or possession of weapons;

(c) Any felony offense involving the possession, importation, manufacture, distribution, or registration of a controlled dangerous substance, prescription drug, or other substance;

(d) Any felony offense involving the manufacture, sale, transport, or possession of explosives, or the intent to create an explosive device;

(e) Any felony offense involving criminal sexual assault that is not defined as a Tier 1 crime of violence as described in §B(1) of this regulation, any type of sexual abuse, solicitation, pandering, prostitution, pimping, obscenity, pornography, possession of obscene material, exploitation, public indecency, sexual relations within families, or sexual misconduct;

(f) Any felony property offenses that are not defined as a Tier 1 crime of violence as described in §B(1) of this regulation, including arson and burning, burglary and related crimes including home invasion, malicious destruction and related crimes, trespass, or crimes against a railroad;

(g) Any felony theft and related offenses; fraud and related offenses; offenses against public administration; offenses against public health, conduct, and sensibilities; indecency and obscenity; or gaming.

(3) Misdemeanor Offenses - Crimes of Violence. Except for driving offenses as described in §B of this regulation, an individual may be denied a license if, within a 3-year period prior to the date of the submission of the application, the individual has been convicted of any crime classified as a misdemeanor in the state of Maryland that involves violence against a person, including any conspiracy, solicitation, attempt, or accessory to such crime of violence.

(4) Multiple Disqualifying Offenses. Individuals who have been convicted of multiple criminal offenses as described in §B(2) and (3) of this regulation shall be subject to the following exclusion periods.

(a) Two or more felonies offenses - An individual may be denied a license if, within 10 years prior to the date of submission of the application the individual has been convicted of two or more Tier 2 felony offenses as described in §B(2) of this regulation, provided these crimes arose out of separate incidents.

(b) Three or more misdemeanor crimes of violence - An individual may be denied a license if, within 7 years prior to the date of submission of the application, the individual has been convicted of three or more misdemeanors as described in §B(3) of this regulation, provided each of these offenses arose out of separate incidents.

C. Driving Offenses.

(1) Major Traffic Offenses Involving Fatalities. An individual may be denied a license for an indefinite period if the individual has been convicted of a traffic violation involving the negligent or reckless operation of a motor vehicle that resulted in a fatality, including but not limited to crimes of motor vehicle manslaughter, homicide by motor vehicle, and negligent homicide.

(2) Major Traffic Offenses Involving Alcohol or Controlled Substances.

(a) An individual may be denied a license if, within the 7-year period prior to the date of submission of the application, the individual has been convicted of a single major traffic violation involving the operation of a motor vehicle while under the influence of alcohol or a controlled substance; violating an interlock or alcohol restriction, leaving the scene of an accident, fleeing or evading police or resisting arrest while operating a motor vehicle or driving a motor vehicle when, as a result of a violation involving the use of alcohol or a controlled substance, the individual's license is revoked, suspended, or canceled.

(b) If, within 15 years prior to the date of submission of the application, an individual has been convicted of 2 or more major traffic violations as described in §C(2)(a) of this regulation, the individual may be denied a license.

(3) Major Traffic Violations Not Related to Driving While Impaired by Alcohol or Controlled Substance.

(a) An individual may be denied a license if, within the 3-year period prior to the date of the application, the individual has been convicted of reckless or negligent driving, use of a text messaging device while driving or use of a handheld telephone while driving as described in the Maryland Transportation Article, §§ 21 -1124.1 and 21-1124.2, Annotated Code of Maryland, if such use results in personal injury as noted on the applicant's driving history report or Maryland Transportation Article, § 21-1124.3, Annotated Code of Maryland, failure to stop for a police officer, speeding 31 MPH or more over the posted speed limit, street or drag racing, driving after the individual's license has been withdrawn or revoked, driving with a counterfeit or altered license or making a material misrepresentation about a driving license or, as a result of the refusal of a chemical test, the individual's license is revoked or suspended.

(b) An individual may be denied a license if, within the 5-year period prior to the date of the application, the individual has been convicted of two or more major traffic violations as described in §C(3) of this regulation.

(4) Multiple Moving Traffic Violations. An individual may be denied a license if, within the 4-year period prior to the date of the application, the individual has been convicted of four moving traffic violations.

D. Offenses in Other Jurisdictions. All criminal and driving offenses described in this regulation are to be construed as including all violations of Maryland law and like or substantially similar violations of the laws of another state, the United States, a military, territorial or Native American tribal authority, or any other jurisdiction.

E. Additional Factors - Mitigating or Aggravating. The Commission may consider the following factors in determining whether to grant a license prior to the expiration of the restriction periods as described in this section:

(1) The applicant's age at the time of the commission of any crime or traffic violation;

(2) The circumstances surrounding the crime or traffic violation;

(3) The time elapsed since conviction;

(4) The nature of the crime or traffic violation;

(5) The number and frequency of convictions for criminal offenses or traffic violations;

(6) Documented character references;

(7) Documented treatment and/or rehabilitation records;

(8) Favorable parole/probation records;

(9) Documentation of favorable employment records;

(10) Family situation;

(11) Restitution made or being made to victims of the crime;

(12) Conduct since conviction;

(13) The applicant's overall driving record during the restriction period; and

(14) The length of time the applicant has held a driving privilege. If the individual has been incarcerated, the applicant's driving record since release from incarceration.

F. Open Charges in Pending Applications. The Commission may defer a decision on a pending application until any open Tier 1 or Tier 2 Criminal Offenses as described in §A of this regulation or major traffic violations as described in §B of this regulation are resolved.

G. Sex Offender Registry. An individual may be denied a license for an indefinite period if the individual is listed on the national sex offender registry or the sex offender registry of any state.

Md. Code Regs. 20.95.01.26

Regulation .26 adopted effective 45:4 Md. R. 207, eff. 2/26/2018