Maryland Code, EDUCATION 11-205
Terms Used In Maryland Code, EDUCATION 11-205
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
(1) The school’s owner or director, or any person in whose name the approval is issued, is convicted of a crime of moral turpitude or a crime relating to the operation of the school if:
(i) The conviction is final; and
(ii) The period for appeal has expired;
(2) An agency that exercises concurrent authority over the private career school has revoked any approval to operate required by law; or
(3) Without prior approval of the Commission, the certificate of approval of a school is sold, pledged, or transferred, or there is a change of ownership of a school.
(b) The Commission may summarily order a revocation or suspension of a certificate of approval of a private career school under subsection (a) of this section only if it gives the school:
(1) Prior oral or written notice of the proposed revocation or suspension and a brief, informal opportunity for response;
(2) Prior or prompt subsequent written notice of the revocation or suspension and the findings on which the revocation or suspension is based; and
(3) After the revocation or suspension is effective, an opportunity to be heard promptly before the Commission.
(c) (1) In any hearing held on the grounds for revocation under subsection (a) of this section, the Commission may limit the issues to be determined to whether:
(i) The alleged conviction in fact occurred;
(ii) The alleged revocation under subsection (a)(2) of this section in fact occurred; or
(iii) The alleged sale, pledge, or transfer, or change of ownership of the private career school in fact occurred.
(2) Notwithstanding paragraph (1) of this subsection, in any hearing held on the grounds for revocation under subsection (a) of this section, a private career school may present matters in mitigation of the offense alleged by the Commission.