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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
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*hb0557*
HOUSE BILL 557
C3, E2 6lr2149
HB 482/25 – ECM
By: Delegates Harrison, Acevero, Alston, Boafo , Coley, Crutchfield, Davis, Ivey,
Kerr, J. Long, Roberts, Taylor, Toles, Turner, and Wilson
Introduced and read first time: January 28, 2026
Assigned to: Economic Matters
Committee Report: Favorable
House action: Adopted
Read second time: February 23, 2026
CHAPTER ______
AN ACT concerning 1
Occupational Licensing and Certification – Criminal History – 2
Predetermination Review Process 3
FOR the purpose of providing that “department” does not include the Department of Public 4
Safety and Correctional Services for purposes of certain provisions prohibiting a 5
department from refusing to issue an occupational license or certificate based on a 6
certain conviction under certain circumstances; establishing a predetermination 7
review process for oc cupational licenses and certificates in certain departments of 8
State government; and generally relating to occupational licensing and certification. 9
BY repealing and reenacting, with amendments, 10
Article – Criminal Procedure 11
Section 1–209 12
Annotated Code of Maryland 13
(2025 Replacement Volume) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Criminal Procedure 17
1–209. 18
(a) (1) In this section, “department” means: 19
2 HOUSE BILL 557
(i) the Department of Agriculture; 1
(ii) the Department of the Environment; 2
(iii) the Maryland Department of Health; 3
(iv) the Department of Human Services; OR 4
(v) the Maryland Department of Labor[; or 5
(vi) the Department of Public Safety and Correctional Services]. 6
(2) “Department” includes any unit of a department specified in paragraph 7
(1) of this subsection. 8
(b) This section does not apply to a person who: 9
(1) was previously convicted of a crime of violence, as defined in § 14 –101 10
of the Criminal Law Article; OR 11
(2) IS APPLYING FOR LICE NSURE OR LICENSE REN EWAL UNDER 12
TITLE 11, SUBTITLE 6 OF THE FINANCIAL INSTITUTIONS ARTICLE. 13
(c) It is the policy of the State to encourage the employment of nonviolent 14
ex–offenders and remove b arriers to their ability to demonstrate fitness for occupational 15
licenses or certifications required by the State. 16
(d) Except as provided in subsection (f) of this section, a department may not deny 17
an occupational license or certificate to an applicant solely on the basis that the applicant 18
has previously been convicted of a crime, unless the department determines that: 19
(1) there is a direct relationship between the applicant’s previous 20
conviction and the specific occupational license or certificate sought; or 21
(2) the issuance of the license or certificate would involve an unreasonable 22
risk to property or to the safety or welfare of specific individuals or the general public. 23
(e) In making the determination under subsection (d) of this section, the 24
department shall consider: 25
(1) the policy of the State expressed in subsection (c) of this section; 26
(2) the specific duties and responsibilities required of a licensee or 27
certificate holder; 28
HOUSE BILL 557 3
(3) whether the applicant’s previous conviction has any impact on the 1
applicant’s fitness or ability to perform the duties and responsibilities authorized by the 2
license or certificate; 3
(4) the age of the applicant at the time of the conviction and the amount of 4
time that has elapsed since the conviction; 5
(5) the seriousness of the offense for which the applicant was convicted; 6
(6) other information provided by the applicant or on the applicant’s behalf 7
with regard to the applicant’s rehabilitation and good conduct; and 8
(7) the legitimate interest of the department in protecting property and the 9
safety and welfare of specific individuals or the general public. 10
(f) (1) This subsection does not apply to a conviction of a crime for which 11
registration on the sex offender registry is required under Title 11, Subtitle 7 of this article. 12
(2) If a period of 7 years or more has passed since an applicant completed 13
serving the sentence for a crime, including all imprisonment, mandatory supervision, 14
probation, and parole, and the applicant has not been charged with another crime other 15
than a minor traffic violation, as defined in § 10 –101 of this article, during that time, a 16
department may not deny an occupational license or certificate to the applicant solely on 17
the basis that the applicant was previously convicted of the crime. 18
(G) (1) (I) AN INDIVIDUAL MAY FILE A REQUEST WITH A DEPARTMENT 19
FOR REVIEW OF THE IN DIVIDUAL’S CRIMINAL HISTORY T O DETERMINE WHETHER 20
THE INDIVIDUAL’S CRIMINAL HISTORY WOULD DISQUALIFY THE INDIVIDUAL FROM 21
OBTAINING THE OCCUPATIONAL LICENSE OR CERTIFICATE BEING SOUGHT. 22
(II) THE DETERMINATION OF A DEPARTMENT REGARDI NG 23
WHETHER THE OCCUPATIONAL LICENSE OR CERTIFICATE WOULD BE APPROVED OR 24
DENIED TO THE INDIVI DUAL REQUESTING THE PREDETERMINATION UND ER 25
SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE BINDING ON THE DEPARTMENT 26
UNLESS THERE IS A SUBSEQUENT DIRECT AND MATERIAL ADVERSE CHANGE TO THE 27
INDIVIDUAL’S CRIMINAL HISTORY. 28
(III) WHEN CONDUCTING A PRE DETERMINATION REVIEW 29
REQUESTED UNDER SUBP ARAGRAPH (I) OF THIS PARAGRAPH , A DEPARTMEN T 30
SHALL UTILIZE THE EXISTING RESOURCES OF THE DEPARTMENT. 31
(2) IF A DEPARTMENT DETER MINES THAT AN OCCUPA TIONAL 32
LICENSE OR CERTIFICA TE WOULD BE DENIED T O THE INDIVIDUAL UND ER 33
PARAGRAPH (1) OF THIS SUBSECTION , THE DEPARTMENT SHALL PROVIDE THE 34
4 HOUSE BILL 557
INDIVIDUAL WITH AN EXPLANATION FOR ITS DETERMINATIO N, INCLUDING THE 1
BASIS UNDER SUBSECTION (D) OF THIS SECTION. 2
(3) AN INDIVIDUAL MAY SUB MIT A REVISED REQUES T FOR A 3
PREDETERMINATION TO THE DEPARTMENT THAT MADE A PREDETERMINAT ION 4
UNDER PARAGRAPH (1) OF THIS SUBSECTION IF: 5
(I) 1 YEAR HAS PASSED SINCE THE INDIVIDUAL RECEIVED THE 6
PREDETERMINATION UNDER PARAGRAPH (1) OF THIS SUBSECTION; OR 7
(II) THERE IS A MATERIAL CHANGE TO THE INDIVI DUAL’S 8
CRIMINAL HISTORY. 9
(4) (I) A DEPARTMENT MAY CHARGE A CRIMINAL HISTORY REVIEW 10
FEE TO AN INDIVIDUAL TO CONDUCT A REVIEW UNDER THIS SECTION N OT 11
EXCEEDING $100. 12
(II) THE FEE CHARGED UNDER SUBPARAGRAPH (I) OF THIS 13
PARAGRAPH MAY BE WAI VED IF THE INDIVIDUA L’S INCOME IS AT OR BE LOW 300% 14
OF THE FEDERAL POVER TY LEVEL, AS DETERMINED BY THE DISTRICT COURT OF 15
MARYLAND. 16
(H) NOTHING IN THIS SECTION MAY BE CONSTRUED TO: 17
(1) OVERRIDE, SUPERSEDE, OR INVALIDATE ANY CO MPACT OR 18
AGREEMENT ALREADY IN PLACE WITH REGARD TO THE REGULATION OF AN Y 19
PROFESSION OR OCCUPATION BY A DEPARTMENT; OR 20
(2) SUPERSEDE THE AUTHORITY OF A DEPARTMENT TO REQUIRE AN 21
APPLICANT OR A LICENSEE TO SUBMIT TO A C RIMINAL HISTORY RECORDS REVIEW 22
IN ACCORDANCE WITH THIS SECTION. 23
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before October 1, 2028, 24
the Department of Agriculture, the Department of the Environment, the Maryland 25
Department of Health, the Department of Human Services, and the Maryland Department 26
of Labor shall each report to the Senate Finance Committee and the House Economic 27
Matters Committee, in accordance with § 2–1257 of the State Government Article, on the 28
implementation of Section 1 of this Act, including the number of predetermination requests 29
conducted and the costs associated with implementation. 30
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 31
1, 2026. It shall remain effective for a period of 3 years and, at the end of June 30, 202 9, 32
this Act, with no further action required by the General Assembly, shall be abrogated and 33
of no further force and effect. 34