1246                             LAWS OF MARYLAND                        CH. 618

unit, within the scope of his employment or office, shall in every case
be deemed the act, omission, or failure of such individual, partner-
ship, corporation, association, or other business unit, as well as of
such person.

REPORTING OF VIOLATIONS
470Q.

Before any violation of this subtitle is reported by the Board to
the State's Attorney of the political subdivision in which the violation
occurred, for institution of a criminal proceeding, the person against
whom such proceeding is contemplated shall be given reasonable
notice of the alleged violation and opportunity to present his views
orally or in writing with regard to such contemplated proceeding.
Nothing in this subtitle shall be construed as requiring the Board to
report for criminal prosecution violations of this subtitle whenever
the public interest will be adequately served and compliance with the
subtitle obtained by a suitable written notice of warning.

REFUSAL OR WITHDRAWAL OF INSPECTION

470R.

(a)   The Board may INDEFINITELY, OR FOR SUCH PERIODS,
AS IT DEEMS NECESSARY TO EFFECTUATE THE PURPOSES
OF THIS SUBTITLE, refuse to provide, or withdraw, inspection
services under this subtitle with respect to any establishment if it
determines, after opportunity for a hearing is accorded to the appli-
cant for, or recipient of, such services, that:

(1) Such applicant or recipient is unfit to engage in any business
requiring inspection under this subtitle because:

(i)  The applicant or recipient, or in case the applicant or recipient
is a partnership, any general partner; or in case the applicant or
recipient is a corporation, any officer, director, or holder or owner
of more than ten (10) per centum of the voting stock, has or has been
responsibly connected with any person who has, committed any
offense under this subtitle or has been convicted, in any Federal,
State, or local court, of any felony, or any violation of law designed
to protect the public from unwholesome, adulterated, or misbranded
food or from fraud, in connection with transactions in food; or

(ii) Such applicant or recipient, or any person conducting a
business with which such applicant or recipient was responsibly con-
nected, had inspection services refused or withdrawn under this sub-
title for a period which has not expired; or

(2)  The application for inspection contains a materially false or
misleading statement made by the applicant for or recipient of the
services, or its representative on its behalf, or there has been con-
cealment or withholding of facts called for by the application form.

(b)  For purposes of subsection (a), a person shall be deemed to be
responsibly connected with a business if he was a partner, officer,
director, holder or owner of ten (10) per centum or more of its
voting stock, or employee in a managerial or executive capacity.

(c)  The Board may also, after notice to the operator of the estab-
lishment, refuse to provide, or withdraw, inspection services under