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Session Laws, 1980
Volume 739, Page 635   View pdf image
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HARRY HUGHES, Governor

635

sentence of Art. 11, § 219(b) and from Art. 11, §
219(c).

The present reference to an "authorized
representative" of the Bank Commissioner is
deleted as unnecessary. See revisor's note to §
12-417 of this subtitle.

12-420. SUSPENSIONS AND REVOCATIONS.

SUBJECT TO THE HEARING PROVISIONS OF § 12-421 OF  THIS

SUBTITLE, THE BANK COMMISSIONER MAY SUSPEND OR REVOKE      THE

LICENSE OF ANY LICENSEE WHO VIOLATES ANY PROVISION OF  THIS
SUBTITLE.

REVISOR'S NOTE: This section is new language derived
from the statement in present Art. 11, § 218(a)
that the Bank Commissioner "may ... revoke any
license issued hereunder".

Present Art. 11, § 218(a), however, does not
specify any grounds for such a revocation. On
the other hand, it is reasonable to assume that
these grounds, at a minimum, would be the same as
those for a criminal prosecution under § 12—424
of this subtitle — i.e., a violation of any
provision of this subtitle. To correct what
appears to be but an oversight, the phrase "who
violates any provision of this subtitle" is
added. This does not mean that other grounds may
not be appropriate, such as failure to qualify
otherwise for licensing as required by § 12—405
of this subtitle. The General Assembly may wish
to add grounds.

Reference to the power to "suspend" a license
also is added to conform to similar licensing
provisions throughout this article and to permit
the Bank Commissioner, if warranted, to take
action less drastic than an outright revocation.

As to the balance of present Art. 11, § 218(a),
see § 12-421 of this subtitle.

12-421. HEARINGS.

(A)   RIGHT TO HEARING.

BEFORE THE BANK COMMISSIONER DENIES AN APPLICATION FOR
A LICENSE UNDER § 12-407 OF THIS SUBTITLE OR TAKES ANY
ACTION UNDER § 12-420 OF THIS SUBTITLE, THE BANK
COMMISSIONER SHALL GIVE THE APPLICANT OR LICENSEE AN
OPPORTUNITY FOR A HEARING.

(B)   APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.

NOTICE OF THE HEARING SHALL BE GIVEN AND THE HEARING

 

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Session Laws, 1980
Volume 739, Page 635   View pdf image
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