MARVIN MANDEL, Governor                                       895

prohibited conduct. The gravity of
violating the prohibition and penalty are
set forth in the uniform penalty provision
of Title 7. The only other changes made
are in style.

7-310. CANCELLATION OR SUSPENSION OF CERTIFICATE OR
PERMIT OF COMPETENCE; OBTAINING NEW CERTIFICATE OR
PERMIT.

(A)   CHARGE OF INCAPACITY.—A PERSON HOLDING A
CERTIFICATE OR PERMIT OF COMPETENCE MAY BE CHARGED
WITH VIOLATION OF LAW, FRAUD, INTEMPERATE HABITS,
INCAPACITY, OR OTHER GOOD CAUSE FOR CANCELLATION OR
SUSPENSION OF THE CERTIFICATE OR PERMIT. THE CHARGE
SHALL BE IN WRITING AND FILED WITH THE DIRECTOR OF THE
BUREAU.

(B)    PROCEDURE FOLLOWING CHARGE.—A CERTIFICATE
OR PERMIT OF COMPETENCE MAY BE CANCELLED OR SUSPENDED
ONLY BY THE EXAMINING AUTHORITY. EXCEPT AS PROVIDED
IN SUBSECTION (D) OF THIS SECTION, A CERTIFICATE OR A
PERMIT MAY BE CANCELLED OR SUSPENDED ONLY AFTER A
HEARING AT WHICH THE PERSON CHARGED HAS THE RIGHT TO
APPEAR. THE HEARING SHALL BE HELD WITHIN 30 DAYS
AFTER THE RECEIPT OF THE CHARGES BY THE EXAMINING
AUTHORITY, WHICH SHALL GIVE THE PERSON CHARGED WRITTEN
NOTICE OF THE CHARGE AT LEAST 15 DAYS PRIOR TO THE
HEARING. A HEARING OF THE EXAMINING AUTHORITY SHALL
BE ON THE CALL OF ITS CHAIRMAN.

(C) ACTION BY EXAMINING AUTHORITY.—IF THE
EXAMINING AUTHORITY IS SATISFIED THAT THE CERTIFICATE
OR PERMIT HOLDER HAS BECOME UNWORTHY TO HOLD IT BY
REASON OF VIOLATION OF LAW, FRAUD, INTEMPERATE HABITS,
INCAPACITY, OR OTHER GOOD CAUSE, IT MAY CANCEL OR
SUSPEND THE RIGHT TO USE THE CERTIFICATE OR PERMIT FOR
A PERIOD NOT LONGER THAN TWO YEARS.

(D) EMERGENCY ACTION BY DIRECTOR.—THE
PROVISIONS OF SUBSECTION (B) AND (C) OF THIS SECTION
TO THE CONTRARY NOTWITHSTANDING, IF THE DIRECTOR OF
THE BUREAU IS SATISFIED THAT A PERSON, IF ALLOWED TO
CONTINUE TO HOLD A CERTIFICATE OR PERMIT, MAY COMMIT
OR PERMIT AN ACT TO BE COMMITTED, OR PERMIT A
CONDITION, THAT WOULD TEND TO ENDANGER THE LIVES OR
HEALTH OF ANY PERSON EMPLOYED IN OR ABOUT A MINE, HE
MAY SUSPEND THE RIGHT OF THE CERTIFICATE OR PERMIT
HOLDER TO USE THE CERTIFICATE OR PERMIT. THE
SUSPENSION MAY NOT BE FOR MORE THAN 30 DAYS OR UNTIL