§ 7–3B-07
Statutes in effect as of October 1, 2026.
Md. Code Ann., Health Occ. § 7-3B-07 (2026)
Title 7. Morticians and Funeral Directors
Subtitle 3B
§ 7–3B-07LinkCopy Citation
(a)
Subject to the hearing provisions of § 7–3B–09 of this subtitle, the Board may deny a permit to an applicant, reprimand a person subject to the permit provisions of this title, or suspend or revoke a permit if an applicant, a permit holder, or an agent, an employee, an officer, a director, or a partner of the applicant or permit holder:
(1)
Fraudulently or deceptively obtains or attempts to obtain a permit;
(2)
Fraudulently or deceptively uses a permit;
(3)
Under the laws of the United States or of any state, is convicted of:
(i)
A felony; or
(ii)
A misdemeanor that is directly related to the fitness and qualifications of the applicant or permit holder to own or operate a crematory or reduction facility;
(4)
Fails to provide or misrepresents any information required to be provided under this title;
(5)
Violates this title;
(6)
Violates the code of ethics adopted by the Board;
(7)
Violates a regulation adopted under this title;
(8)
Fails to provide reasonable and adequate supervision of the operation of the crematory or reduction facility;
(9)
Refuses to allow an inspection required by this title;
(10)
Fails to comply with an order of the Board;
(11)
Is found guilty by a court in this State of violating an unfair, abusive, or deceptive trade practices provision under Title 13 of the Commercial Law Article; or
(12)
Fails to comply with § 5–513 of the Health – General Article.
(b)
(1)
If a person is charged with a violation of this title that could result in suspension or revocation of a permit, the Board may seek an immediate restraining order in a circuit court in this State to prohibit the person from engaging in the operation of any crematory or reduction facility.
(2)
The restraining order is in effect until:
(i)
The court lifts the order; or
(ii)
The charges are adjudicated or dismissed.
(c)
Instead of or in addition to reprimanding a person, or suspending or revoking a permit, the Board may impose a civil penalty:
(1)
Not to exceed $10,000 for each violation of this title or an order of the Board under this title; and
(2)
Not to exceed $1,000 for each day a violation continues past the time set for its correction.
(d)
To determine the amount of the penalty imposed under this section, the Board shall consider:
(1)
The seriousness of the violation;
(2)
The harm caused by the violation;
(3)
The good faith efforts of the person; and
(4)
Any history of previous violations by the person.
(e)
Any civil penalties collected under this section shall be paid into the General Fund of the State.
(f)
The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a permit or the reprimand of a permit holder when an applicant or a permit holder, or an agent, an employee, an officer, or a partner of an applicant or a permit holder, is convicted of a felony or misdemeanor described in subsection (a)(3) of this section:
(1)
The nature of the crime;
(2)
The relationship of the crime to the activities authorized by this title;
(3)
The length of time since the conviction; and
(4)
The behavior and activities of the applicant or permit holder, or any agent, employee, officer, or partner of an applicant or a permit holder, before and after the conviction.