HARRY HUGHES, Governor

3395

(3) SUBMITS TO THE SECRETARY:

(I)   A RENEWAL APPLICATION ON THE FORM THAT THE
SECRETARY REQUIRES; AND

(II)  SATISFACTORY EVIDENCE OF COMPLIANCE WITH
ANY REQUIREMENT UNDER THIS SUBTITLE FOR LICENSE RENEWAL.

(C)  THE SECRETARY SHALL RENEW THE LICENSE OF EACH LICENSEE
WHO MEETS THE REQUIREMENTS OF THIS SECTION.

(D)  THE SECRETARY SHALL SET THE APPLICATION AND RENEWAL
FEES IN AN AMOUNT THAT IS SUFFICIENT TO COVER THE COST OF
INSPECTION.

19-1008.

(A)  (1) THE SECRETARY MAY DENY A LICENSE TO ANY APPLICANT
OR REVOKE A LICENSE IF THE APPLICANT OR LICENSEE HAS BEEN
CONVICTED OF:

(I) A FELONY THAT RELATES TO MEDICAID; OR

(II) A CRIME INVOLVING MORAL TURPITUDE.

(2) THE SECRETARY MAY DENY A LICENSE TO ANY
APPLICANT, REPRIMAND ANY LICENSEE, OR SUSPEND OR REVOKE ANY
LICENSE IF THE APPLICANT OR LICENSEE DOES NOT MEET THE
REQUIREMENTS OF THIS SUBTITLE OR ANY RULE OR REGULATION THAT THE
SECRETARY ADOPTS UNDER THIS SUBTITLE.

(B)  (1) BEFORE ANY ACTION IS TAKEN UNDER THIS SECTION, THE
SECRETARY SHALL GIVE THE APPLICANT OR LICENSEE AN OPPORTUNITY FOR
A HEARING.

(2)  THE SECRETARY SHALL SEND A HEARING NOTICE TO AN
APPLICANT OR LICENSEE BY CERTIFIED MAIL AT LEAST 30 DAYS BEFORE
THE HEARING.

(3)  THE APPLICANT OR LICENSEE MAY BE REPRESENTED AT
THE HEARING BY COUNSEL.

19-1009.

A PERSON WHO VIOLATES ANY PROVISION OF THIS SUBTITLE OR ANY
RULE OR REGULATION ADOPTED UNDER THIS SUBTITLE IS GUILTY OF A
MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A PENALTY NOT
EXCEEDING $1,000 OR IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH.
EACH DAY A VIOLATION IS CONTINUED AFTER THE FIRST CONVICTION IS A
SEPARATE OFFENSE.

SECTION 2. AND BE IT FURTHER ENACTED, That a freestanding
birthing center that is operating continuously for at least 1