Predetermination bill aims to let applicants check criminal-history eligibility before investing in licensing

Delegate Andrea Harrison presented House Bill 482, a reintroduction of legislation that would allow individuals with prior criminal contact to seek a formal predetermination from licensing boards about whether their criminal history would prevent them from obtaining an occupational license.

Harrison said the predetermination process would allow applicants to resolve eligibility questions before they pay fees or spend time completing training or coursework. "Once their sentence has been completed and they decide that they want to get a license of some sort, they could go to whatever board it is to ask if their criminal history would prevent them from getting a license," Harrison told the committee.

Supporters including Chad Reese of the Institute for Justice said predetermination processes are increasingly common and noted national research showing Maryland scores low for due process protections for people with criminal records. Reese said many applicants never apply because they assume they will be disqualified; predetermination can increase transparency and participation.

Several witnesses urged clarifying the fiscal note. Harrison said she received the fiscal note shortly before the hearing and had been unable to work through outstanding questions with agencies. Other presenters suggested models in other states that implement predetermination with modest or no fiscal impact, and recommended licensing boards consider streamlined administrative predeterminations rather than full hearings.

No committee vote was recorded during the hearing. Harrison said she would accept certain amendments and continued outreach with departments to address fiscal and technical questions.