You, Too, Can Apply to be the Secretary of Labor for the State of Maryland

I happened to come across the job announcement for the position of "Secretary - Department of Labor, Licensing & Regulation. [DLLR]"   Essential job function number 1 is:  "Ensures effective enforcement of workplace safety and wage laws to provide critical safeguards to Maryland workers and communities."  The DLLR has a broad mission.  So in addition to enforcing our State's wage laws, the candidate must also be prepared to provide "executive direction for the Maryland Racing Commission and the Governor’s Workforce Investment Board."  

Fail to Pay Maryland State Income Tax -- Lose Your Professional License

In 2003, the General Assembly enacted a law that provides that individuals who do not pay their taxes cannot renew their State professional licenses. See 2003
Laws of Maryland ch. 203 § 24.

Along comes Dr. Knoche, a dentist, who did not pay any state income tax between 1980 and 1989. In July 2004, the Dental Board denied Dr. Knoche's application to renew his dental licences.

In Knoche v. State, the Court of Special Appeals upheld the Constitutionality of the law and told Dr. Knoche that he was out of luck.

Two Decisions on Standards Governing Professional Disciplinary Boards

I wrote here about the extraordinary powers that Maryland licensing boards have when seeking to discipline licensees. Today, the Maryland Court of Special Appeals issued two decisions on how these Boards function.

1. In Maryland Board of Physicians v. Elliot, the Court (reversing the Circuit Court) affirmed a Board's decision to deny a physician's application for a license. The Board denied the license because the physician failed to disclose past disciplinary proceedings and malpractice actions on his application. (The Court reversed the Circuit Court finding it applied an incorrect standard of review).

2. In Maryland Board of Veterinary Medical Examiners v. Hammond, the Court of Special Appeals remanded a disciplinary proceeding because an Agency improperly accepted new evidence after a contested hearing. The evidence was an affidavit given by a witness to the critical event: when a veterinarian choked an assistant to demonstrate how a cat feels when it is choked. I am not making this up. The Court summarized the event as follows:

On July 11, 2000, appellee observed Gallagher inadvertently choking a cat that she was holding during an attempt to draw blood from the cat. Appellee grabbed Gallagher's hand, releasing the cat from her hold. Appellee was angered by the incident. Immediately thereafter, without requesting or obtaining Gallagher's consent, appellee pressed two fingers against Gallagher's trachea to show her how uncomfortable her hold had been the cat. Although appellee did not compromise Gallagher's breathing, he did cause her to feel discomfort and anxiety.

After appellee released Gallagher, she left the treatment area. Gallagher was shaken, stunned, and scared by appellee's actions. Shortly thereafter, and as a result of the incident with appellee, Gallagher resigned her position at the [veterinary hospital].

Maryland Licensing Boards Have Broad Powers

An area of Maryland employment law not frequently discussed is disciplinary actions taken by Maryland licensing boards. Most such boards function under the Maryland Department of Mental Health and Hygiene. (A list can be found here). Of course, if you are a professional and you lose your license, you are likely to lose your job.

The Boards have broad investigatory powers. In 2004, for example, the Court of Appeals in Doe v. Maryland Board of Social Work Examiners upheld a Board's authority to subpoena the treatment records of all the clients of a social worker who is under investigation by the Board for violations of her professional duties.