Code of Maryland Regulations › Title 20 - PUBLIC SERVICE COMMISSION › Subtitle 95 - TRANSPORTATION › Chapter 20.95.01 - General › Section 20.95.01.26 - Licensure - Driver Screening Standards

Current through Register Vol. 51, No. 14, July 12, 2024
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.