HARRY HUGHES, Governor

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Subsection (c)(2) and (3) of this section
clarifies the authority of the Secretary under §
17-403 of this subtitle to establish fees for
renewal and under § 17-402 of this subtitle to
adopt standards and qualifications for renewal.

Defined terms: "Department" § 1-101
"Permit" § 17-401 "Secretary" § 1-101

17-410. DISPLAY OF PERMIT.

EACH PERMIT HOLDER SHALL DISPLAY THE PERMIT
CONSPICUOUSLY IN THE MEDICAL TEST UNIT.

REVISOR'S NOTE: This section formerly appeared as the
third clause of the second sentence of Article
43, § 54K(c)(l).

The only changes are in style.

Defined terms: "Medical test unit" § 17-401
"Permit" § 17-401

17-411. 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 TEST THAT THE PERMIT SETS FORTH, IF THE
MEDICAL TEST UNIT 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
former Article 43, § 54K(d).

Subsection (b) of this section is standard
language added to meet fundamental requirements
of fairness. It is based on the reference to
"due notice" in former Article 43, § 54K(d).

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.