Sec. 29.04.08.11. Appointment of Licensee Upon Vacancy

A. Upon the vacancy of a representative member, an agency shall comply with the time requirements for appointment of a new licensee pursuant to Business Occupations and Professions Article, §13-311, Annotated Code of Maryland.

B. An agency may sponsor a new applicant for consideration by the Secretary; however, an appointment may not be made until the Secretary determines that the new applicant qualifies for an agency license.

C. In order for the Secretary to have sufficient time to process the new application and determine the background and qualifications of the new licensee applicant upon a vacancy, an agency shall submit the application to the Secretary within 30 days after the date of the vacancy.

D. If, for any reason, an agency does not submit an application for a new licensee within 30 days after a vacancy, the agency shall be automatically suspended pursuant to Business Occupations and Professions Article, §13-701, Annotated Code of Maryland.

E. An agency shall remain suspended until such time as the Secretary completes the background investigation and issues a license.

F. If an individual holding an agency license vacates the position or the position is vacated by a death, an agency license shall be voided and a new license issued on application, completed investigation, and approval by the Secretary. If the agency continues to use the same trade name, additional fees are not assessed.

G. If the applicant has submitted the application within 30 days of the vacancy, and the Secretary has not received the fingerprint background results within 90 days from the date of the application:

(1) A computer background check shall be conducted of the applicant based on identifying characteristics and information provided on the application form;

(2) If the applicant otherwise qualifies, a license may be approved and issued to the applicant based on the investigation and computer background checks results; and

(3) Unless the fingerprint results or any other investigation reveals a disqualifying offense or questionable character, further action will not be taken by the Secretary.