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Session Laws, 1970
Volume 695, Page 894   View pdf image
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894                                 Laws of Maryland                         Ch. 403

applicant will abuse or unlawfully transfer such substances or fail
to safeguard adequately his supply of such substances against diver-
sion from legitimate medical or scientific use.

(i) The Department shall initially permit persons to register
who own or operate any establishment engaged in the manufacture,
distribution or dispensing of any controlled dangerous substances
prior to the effective date of this Act and who are registered or
licensed by the State.

(j) Compliance by manufacturers and distributors with the pro-
visions of the Federal law respecting registration (excluding fees)
shall be deemed compliance with this section.

282. Denial, Revocation, or Suspension of Registration:

(a)  A registration pursuant to Section 281, as amended from time
to time, to manufacture, distribute, or dispense a controlled danger-
ous substance, may be suspended or revoked by the Department
upon a finding that the registrant:

(1)  has materially falsified any application filed pursuant to this
subheading or required by this subheading;

(2)  has been convicted of an offense under this subheading or
any of the prior laws of this State, of the United States, or of any
State, relating to any substances defined herein as a controlled
dangerous substance; or

(3)  has had his Federal registration suspended or revoked by
competent Federal authority and is no longer authorized by Federal
law to engage in the manufacturing, distribution, or dispensing of
controlled dangerous substances;

(4) has violated any of the provisions of this subheading.

(b)   The Department may limit revocation or suspension of a
registration to the particular controlled dangerous substance with
respect to which grounds for revocation or suspension exist.

(c)  Before taking action pursuant to this section or pursuant to a
denial of registration under Section 281, the Department shall serve
upon the applicant or registrant an order to show cause why regis-
tration should not be denied, revoked, or suspended. The order to
show cause shall contain a statement of the basis thereof and shall
call upon the applicant or registrant to appear before the Department
at a time and place stated in the order, but in no event less than
thirty days after the date of receipt of the order. Proceedings to
deny, revoke, or suspend shall be conducted pursuant to this section
in accordance with the Administrative Procedure Act. Such proceed-
ings shall be independent of, and not in lieu of, criminal prosecutions
or other proceedings under this Act or any law of the State.

(d)   The Department may, in its discretion, suspend any registra-
tion simultaneously with the institution of proceedings under this
section in cases where it finds that there is an imminent danger to
the public health or safety. Such suspension shall continue in effect
until the conclusion of such proceedings, including judicial review
thereof, unless sooner withdrawn by the Department or dissolved
by the appropriate circuit court or the Supreme Bench of Baltimore
City as the case may be.


 

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Session Laws, 1970
Volume 695, Page 894   View pdf image
 Jump to  
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