HARRY HUGHES, Governor

1959

SECTION, BEFORE SUSPENDING A PERMIT, THE SECRETARY SHALL
GIVE TO THE HOLDER OF THE PERMIT NOTICE OF INTENT TO
SUSPEND.

(2) THE NOTICE SHALL:

(I)  SPECIFY WITH PARTICULARITY THE
CONDITION OR VIOLATION THAT THE SECRETARY BELIEVES TO
JUSTIFY THE SUSPENSION; AND

(II)  STATE THAT THE HOLDER HAS AN
OPPORTUNITY TO CORRECT THE CONDITION OR VIOLATION BEFORE A
TIME THAT IS:

1.  AT LEAST 48 HOURS AFTER THE
HOLDER RECEIVES THE NOTICE OF INTENT TO SUSPEND; AND

2.  AGREED ON BY THE PARTIES OR SET
BY THE SECRETARY.

(C)  SAME -- WHEN NOT REQUIRED.

THE SECRETARY IS NOT REQUIRED TO GIVE NOTICE OF INTENT
TO SUSPEND A PERMIT IF:

(1)  THE VIOLATION CREATES AN IMMINENT HAZARD TO
PUBLIC HEALTH; OR

(2)  THE HOLDER OF THE PERMIT HAS WILLFULLY
REFUSED TO PERMIT AN AUTHORIZED INSPECTION.

(D)  REVOCATION OF PERMIT.

IF A PERMIT HAS BEEN SUSPENDED MORE THAN ONCE, THE
SECRETARY MAY REVOKE THE PERMIT.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first and
third paragraphs and, as it provided a deadline
for applying for a hearing, the second paragraph
of former Article 43, § 576.

Subsection (a)(1) of this section is new language
added to state a fundamental ground for
disciplining a permit holder. For an example of
such a provision in the former law, see former
Article 43, § 810A(k)(l), which now appears as §
6-415(1) of this article.

Subsection (b)(2)(ii)l. of this section is new
language added to clarify the requirement in §
4-419(c) of this subtitle that a licensee
receiving a notice of intent to suspend be
allowed 48 hours to apply for a hearing before
the suspension takes effect. It follows that,