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Session Laws, 1982
Volume 742, Page 1931   View pdf image
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HARRY HUGHES, Governor

1931

LICENSEE OR REGISTRANT COMPLIES WITH THE CONDITIONS THAT THE
DEPARTMENT REQUIRES.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first and
third sentences of former Article 43, § 167.

Subsection (a)(1) and (2) of this section is new
language added to conform to similar provisions
governing other licenses in former Article 43.
It states fundamental grounds for disciplining a
licensee. For an example of such provisions in
the former law, see former Article 43, §
810A(k)(l) — now § 6-415(1) of this article.

Although former Article 43, § 167 was written in
terms of "the power to revoke" only, the language
of that former section clearly indicated a
legislative intent that a license or registration
could be either "revoked" or "suspended". As
revised, this section makes that intent express.

The second sentence of former Article 43, § 167,
which required a person whose license or
registration is revoked to stop manufacturing or
selling soft drinks, is deleted as unnecessary in
light of § 4-334 of this subtitle.

4-324. SAME — HEARINGS.

(A)  RIGHT TO A HEARING.

EXCEPT AS OTHERWISE PROVIDED IN THE ADMINISTRATIVE
PROCEDURE ACT, BEFORE THE DEPARTMENT TAKES ANY ACTION UNDER
§ 4-323 OF THIS SUBTITLE, THE DEPARTMENT SHALL GIVE THE
LICENSEE OR REGISTRANT AGAINST WHOM THE ACTION IS
CONTEMPLATED AN OPPORTUNITY FOR A HEARING BEFORE THE
DEPARTMENT.

(B)  APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.

THE DEPARTMENT SHALL GIVE NOTICE AND HOLD THE HEARING
IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT.

(C)  NOTICE OF HEARING.

THE DEPARTMENT SHALL SEND THE HEARING NOTICE TO THE
LICENSEE OR REGISTRANT BY REGISTERED MAIL.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first and
second sentences of former Article 43, § 168.

In subsection (a) of this section, the
introductory exception referencing the

 

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Session Laws, 1982
Volume 742, Page 1931   View pdf image
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