HARRY HUGHES, Governor

2893

(IV)  THE APPLICANT IS THE HOLDER OF A VALID
CLASS "F" LICENSE; OR

(V)  THE APPLICANT DOES NOT OWN OR OPERATE ANY
VEHICLES PROPELLED BY SPECIAL FUEL UPON THE PUBLIC HIGHWAYS OF
THIS STATE.

(2)  AN EXEMPTION CERTIFICATE AUTHORIZES THE HOLDER
THEREOF TO PURCHASE OR OTHERWISE ACQUIRE SPECIAL FUEL OR TURBINE
FUEL, DEPENDENT UPON CLASS OF LICENSE, TAX EXEMPT, FROM EITHER A
LICENSED DEALER OR A SPECIAL FUEL SELLER.

(3)  IF THE HOLDER OF AN EXEMPTION CERTIFICATE SHALL,
DURING THE PERIOD FOR WHICH A VALID EXEMPTION CERTIFICATE IS
HELD, CHANGE THE USE OF ANY PORTION OF THE SPECIAL FUEL SO
OBTAINED TO A TAXABLE USE, THE HOLDER SHALL, WITHIN 5 DAYS FROM
THE FIRST CHANGE IN USE, NOTIFY THE COMPTROLLER, IN WRITING, OF
THE CHANGE IN USE. ANY HOLDER WHO, HAVING CHANGED USE, FAILS TO
PROVIDE THE COMPTROLLER WITH WRITTEN NOTICE THEREOF SHALL BE
SUBJECT TO CANCELLATION AS PROVIDED BY LAW AND, IN ADDITION,
SHALL BE SUBJECT TO THE PENALTIES PROVIDED FOR IN § 153 OF THIS
SUBTITLE.

[(b)] (H) Unless otherwise provided herein, every
application for a license shall be accompanied by a bond of the
character stipulated and in the amount provided for in THIS
SECTION (IN THE CASE OF DEALERS) OR IN § 141 (IN THE CASE OF
SPECIAL FUEL USERS AND SPECIAL FUEL SELLERS) AS THE CASE MAY BE
[of this subtitle]. No license shall issue upon any application
unless accompanied by such a bond [except that a license may be
issued without bond to any Diesel user who files with his
application an affidavit that he has no storage facilities and
purchases all fuel used by him from sellers licensed under this
subtitle].

[(c)] (I) In the event that any application for a license
OR EXEMPTION certificate shall be filed by any person whose
license OR EXEMPTION CERTIFICATE shall at any time theretofore
have been cancelled for cause by the Comptroller, or in case said
Comptroller shall be of the opinion that such application is not
filed in good faith, or that such application is filed by some
person as a subterfuge for the real person in interest whose
license or [registration] EXEMPTION CERTIFICATE shall theretofore
have been cancelled for cause by said Comptroller, then and in
any of said events the Comptroller after a hearing, of which the
applicant shall have been given five (5) days' notice in writing
and in which said applicant shall have the right to, appear in
person or by counsel and present testimony, shall have, and is
hereby given the right and authority to refuse to issue to such a
person a license OR EXEMPTION certificate.

[(d)] (J) (1) The application in proper form FOR A LICENSE
having been accepted' for filing and the bond having been accepted
and approved, the Comptroller shall issue [a] THE license
[certificate] subject to cancellation as provided by law.