MARVIN MANDEL, Governor                                      1537

AFTER THE APPLICANT OR RECIPIENT IS ACCORDED AN
OPPORTUNITY TOE A HEARING, THE SECRETARY MAY REFUSE OR
WITHDRAW INSPECTION SERVICES FOR ANY PERIOD OF TIME,
IF IT IS DETERMINED THAT THE APPLICANT OR RECIPIENT IS
UNFIT TO ENGAGE IN ANY BUSINESS REQUIRING INSPECTION
BECAUSE HE IS RESPONSIBLY CONNECTED WITH ANY BUSINESS
OR PERSON CONVICTED WITHIN THE PREVIOUS TEN YEARS OF
ONE OF THE FOLLOWING OFFENSES:

(1)    ANY FELONY OR MORE THAN ONE
MISDEMEANOR UNDER ANY LAW BASED UPON ACQUIRING,
HANDLING, OR DISTRIBUTING ADULTERATED, MISLABELED, OR
DECEPTIVELY PACKAGED FOOD OR FRAUD IN CONNECTION WITH
TRANSACTIONS WITH FOOD, OR

(2)   ANY FELONY INVOLVING FRAUD, BRIBERY,
EXTORTION, OR ANY OTHER ACT OR CIRCUMSTANCE INDICATING
A LACK OF INTEGRITY NEEDED FOR THE CONDUCT OF
OPERATIONS EFFECTING THE PUBLIC HEALTH.

(C)   FAILURE TO MAINTAIN PREMISES IN A SANITARY
CONDITION.

IF INSPECTION SERVICES ARE WITHDRAWN OR REFUSED
FOR ANY ESTABLISHMENT FOR ANY FAILURE OF THE OPERATOR
(1) TO MAINTAIN PREMISES, FACILITIES, EQUIPMENT, OR
OPERATING CONDITIONS PURSUANT TO THE PROVISIONS OF
§4-208; OR (2) TO DESTROY ANY CONDEMNED POULTRY
PRODUCT AS REQUIRED, THE APPLICANT OP. RECIPIENT, UPON
REQUEST, SHALL BE AFFORDED A HEARING ON THE VALIDITY
OF THIS ACTION. HOWEVER, THE WITHDRAWAL OR REFUSAL
SHALL CONTINUE UNLESS THE SECRETARY ORDERS OTHERWISE.

(D)   APPLICATION FOR JUDICIAL REVIEW.

THE DETERMINATION AND ORDER OF THE SECRETARY BADE
AFTER THE HEARING SHALL BE FINAL AND CONCLUSIVE,
UNLESS THE APPLICANT OR RECIPIENT FILES PETITION FOR
JUDICIAL REVIEW WITHIN 30 DAYS AFTER THE EFFECTIVE
DATE OF THE ORDER IN THE CIRCUIT COURT FOR ANY COUNTY,
OR THE BALTIMORE CITY COURT, IN WHICH PREMISES SUBJECT
TO WITHDRAWN OR REFUSED INSPECTION SERVICE IS LOCATED.
PENDING APPEAL TO THE BOARD OF REVIEW, THE REFUSAL
SHALL CONTINUE IN EFFECT UNLESS THE SECRETARY
OTHERWISE ORDERS.

REVISOR'S NOTE: Subsection (a) is new language
derived from the last sentence of Art. 43,
§197-18 (a) of the Code.