Md. Code Regs. 26.07.04.01

Current through Register Vol. 51, No. 20, October 4, 2024

Section 26.07.04.01 - Denials, Reprimands, Suspensions, and Revocation

Subject to the hearing provision of Environment Article, §11-315, Annotated Code of Maryland, the Board, on the affirmative vote of a majority of its full authorized membership, may deny any applicant licensure, reprimand any licensee, or suspend or revoke a license, if the applicant or licensee:

A. Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;

B. Fraudulently or deceptively uses a license;

C. Knowingly violates a provision of Environment Article, Title 11, Annotated Code of Maryland or a regulation under this subtitle;

D. Commits any gross negligence, incompetence or misconduct while performing the duties of an environmental sanitarian;

E. Is convicted of or pleads guilty to or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to the conviction or plea set aside;

F. Provides professional services while:

(1) Under the influence of alcohol, or

(2) Using any narcotic or controlled dangerous substance, as defined in the Criminal Law Article, Annotated Code of Maryland, or other drug that is in excess of therapeutic amounts or without valid medical indication;

G. Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country of an act that would be grounds for disciplinary action under the Board's disciplinary statutes;

H. Willfully makes or files a false report or record, while performing the duties of an environmental sanitarian;

I. Willfully fails to file or record a report as required by law, willfully impedes or obstructs the filing or recording or induces another to fail to file or record the report;

J. Submits a false statement to collect a fee;

K. Promotes the sale of land, devices, appliances, or goods provided for a person in such a manner as to exploit the person for financial gain of the registered environmental sanitarian;

L. Willfully alters a sample, or any test procedure to cause the results upon analysis to represent a false finding;

M. Violates any rule or regulation adopted by the Board;

N. Uses or promotes or causes the use of misleading, deceiving, untruthful advertising matter, promotional literature, or testimonial; or

O. Is professionally, physically, or mentally incompetent.

Md. Code Regs. 26.07.04.01