816

LAWS OF MARYLAND

Ch. 21

17-311. DENIALS, SUSPENSIONS, AND REVOCATIONS -- GROUNDS;
HEARINGS.

(A)  GROUNDS.

THE SECRETARY MAY DENY A PERMIT TO ANY APPLICANT OR
SUSPEND OR REVOKE A PERMIT OR THE AUTHORITY TO OFFER OR
PERFORM ANY CLASS OF SERVICE THAT THE PERMIT SETS FORTH, IF
THE TISSUE BANK OR ITS DIRECTOR FAILS TO MEET THE
REQUIREMENTS THAT THE SECRETARY ADOPTS UNDER THIS SUBTITLE.

(B)  HEARINGS.

EXCEPT AS OTHERWISE PROVIDED IN THE ADMINISTRATIVE
PROCEDURE ACT, BEFORE THE SECRETARY TAKES ANY ACTION UNDER
THIS SECTION, THE SECRETARY SHALL GIVE THE APPLICANT OR
PERMIT HOLDER NOTICE AND AN OPPORTUNITY FOR A HEARING.

REVISOR'S NOTE: Subsection (a) of this section is new
language derived without substantive change from
the seventh sentence of former Article 43, §
34(a).

Subsection (b) of this section is standard
language added to meet fundamental requirements
of fairness and to conform to Department
practice. It is based on the reference to "due
notice" in the seventh sentence of former Article
43, § 34(a).

The introductory language of subsection (b) of
this section, "{e}xcept as otherwise provided
in the Administrative Procedure Act," clarifies
that, the Secretary may take action summarily
against a person under certain circumstances.
See Article 41, § 250A(c) of the Code.

Although former Article 43, § 34(a) specifically
applied to a "permit to operate", subsection (a)
of this section is revised to apply to any permit
i.e., a permit to operate or a permit to
represent or service. This change is made in
light of § 17-313 of this subtitle, which
prohibits representing or servicing a tissue bank
if the tissue, bank or its director does not
comply with the standards adopted under this
subtitle. In light of this revision, the former
reference to action "after inspection" is
deleted, since inspection of tissue banks that
are not in this State is not required.

In subsection (a) of this section, the reference
to suspension or revocation of "the authority to
offer or perform any class of service that the
permit sets forth" is new language added to allow