1992

LAWS OF MARYLAND

Ch. 240

expressly a duty that formerly was only implied.

4-612. DENIALS, SUSPENSIONS, AND REVOCATIONS.

THE SECRETARY MAY DENY A LICENSE TO ANY APPLICANT OR
SUSPEND OR REVOKE A LICENSE IF THE APPLICANT OR LICENSEE:

(1)  FRAUDULENTLY OR DECEPTIVELY OBTAINS OR
ATTEMPTS TO OBTAIN A LICENSE FOR THE APPLICANT OR LICENSEE
OR FOR ANOTHER; OR

(2)  VIOLATES OR FAILS TO MEET THE REQUIREMENTS
OF THIS SUBTITLE OR ANY RULE OR REGULATION ADOPTED UNDER
THIS SUBTITLE.

REVISOR'S NOTE: This section is new . language derived
without substantive change from the first clause
of the first sentence of former Article 43, §
207.

Item (1) of this section is new language added to
state a fundamental ground for disciplining a
licensee or denying an application for a license.
For an example of such a provision in the former
law, see former Article 43, § 810A(k)(l) — now
§ 6-415(1) of this article.

Item (2) of this section is new language derived
from the reference in the first clause of the
first sentence of former Article 43, § 207 to
"the power to deny ... revoke or suspend" a
license. Because the former provision was silent
as to the grounds justifying denial, revocation,
or suspension, item (2) states fundamental
grounds for denial, revocation, or suspension.
This revision is called to the attention of the
General Assembly.

4-613. HEARINGS.

(A)  RIGHT TO A HEARING.

EXCEPT AS OTHERWISE PROVIDED IN THE ADMINISTRATIVE
PROCEDURE ACT, BEFORE THE SECRETARY TAKES ANY ACTION UNDER
§§ 4-609 OR 4-612 OF THIS SUBTITLE, THE SECRETARY SHALL GIVE
THE PERSON AGAINST WHOM THE ACTION IS CONTEMPLATED AN
OPPORTUNITY FOR A HEARING BEFORE THE DEPARTMENT.

(B)  APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.

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

(C) NOTICE OF HEARING.