WILLIAM DONALD SCHAEFER, Governor                   Ch. 297

(1)  VIOLATES OR FAILS TO MEET THE REQUIREMENTS OF
THIS SUBTITLE OR ANY REGULATION ADOPTED UNDER THIS SUBTITLE; OR

(2)  FRAUDULENTLY OR DECEPTIVELY OBTAINS A LICENSE.
4-316.

(A)  EXCEPT AS OTHERWISE PROVIDED IN THE ADMINISTRATIVE
PROCEDURE ACT, BEFORE THE DEPARTMENT TAKES ANY FINAL ACTION UNDER
§ 4-311 OR § 4-315 OF THIS SUBTITLE, THE SECRETARY SHALL GIVE THE
PERSON AGAINST WHOM THE ACTION IS CONTEMPLATED AN OPPORTUNITY FOR
A HEARING BEFORE THE DEPARTMENT.

(B)  THE DEPARTMENT SHALL GIVE NOTICE AND HOLD THE HEARING
IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT.

(C)  THE DEPARTMENT SHALL SEND THE HEARING NOTICE TO THE
APPLICANT OR LICENSEE BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, BEARING A POSTMARK FROM THE UNITED STATES POSTAL
SERVICE.

(D)  WITHIN 30 DAYS AFTER THE HEARING REQUIRED UNDER THIS
SECTION, THE DEPARTMENT SHALL DECIDE THE ISSUE AND IMMEDIATELY
NOTIFY THE PARTIES TO THE HEARING.

4-317.

(A)  ANY PERSON AGGRIEVED BY A FINAL DECISION OF THE
DEPARTMENT IN DENYING, SUSPENDING, OR REVOKING A LICENSE ISSUED
UNDER THIS SUBTITLE MAY NOT APPEAL TO THE BOARD OF REVIEW, BUT
MAY TAKE A DIRECT JUDICIAL APPEAL.

(B)  THE APPEAL SHALL BE MADE AS PROVIDED FOR JUDICIAL
REVIEW OF FINAL DECISIONS IN THE ADMINISTRATIVE PROCEDURE ACT.

(C)  EITHER PARTY MAY APPEAL THE DECISION OF THE CIRCUIT
COURT TO THE COURT OF SPECIAL APPEALS.

4-318.

(A)  IF THE DEPARTMENT BELIEVES THAT A PERSON IS VIOLATING
ANY PROVISION OF THIS SUBTITLE OR OF ANY REGULATION ADOPTED UNDER
THIS SUBTITLE, THE DEPARTMENT MAY HAVE THE PERSON SERVED WITH A
WRITTEN ORDER THAT DIRECTS THE PERSON SERVED TO ABATE THE
VIOLATION WITHIN A TIME SPECIFIED IN THE ORDER.

(B)  EXCEPT AS OTHERWISE PROVIDED IN THE ADMINISTRATIVE
PROCEDURE ACT, THE DEPARTMENT SHALL GIVE ANY PERSON SERVED WITH
AN ORDER UNDER THIS SECTION AN OPPORTUNITY FOR A HEARING BEFORE
THE DEPARTMENT.

(C)  AFTER A HEARING UNDER THIS SECTION, THE DEPARTMENT MAY
AFFIRM, MODIFY, OR WITHDRAW THE ORDER.

- 1293 -