Ch. 2

LAWS OF MARYLAND

(2)  PREVIOUSLY HAS HAD A LICENSE OR EXEMPTION
CERTIFICATE CANCELLED FOR CAUSE; OR

(3)  IN THE JUDGMENT OF THE COMPTROLLER, HAS NOT FILED
AN APPLICATION IN GOOD FAITH.

REVISOR'S NOTE: Item (1) of this section is standard
language added to conform to almost all of the
occupational licensing acts that the General Assembly
has enacted recently. See, e.g., the comparable
sections on disciplinary actions in the various titles
of the Health Occupations Article. The General
Assembly expressly decided that this language was to
be included in each of those sections as a fundamental
ground for disciplining a licensee. In light of this
addition, the former reference to "a subterfuge for
the real person in interest whose license ...
theretofore have been cancelled for cause" is deleted.

Items (2) and (3) of this section are new language
derived without substantive change from former Art.
56, § 140(i), except as it related to notice and a
hearing.

Defined terms: "Comptroller" § 1-101
"License" § 9-301

9-329. HEARINGS ON DENIALS.

(A)  RIGHT TO HEARING.

EXCEPT AS OTHERWISE PROVIDED IN TITLE 10, SUBTITLE 4 OF THE
STATE GOVERNMENT ARTICLE, BEFORE THE COMPTROLLER TAKES ANY ACTION
UNDER § 9-328 OF THIS SUBTITLE, THE COMPTROLLER SHALL GIVE THE
PERSON AGAINST WHOM THE ACTION IS CONTEMPLATED AN OPPORTUNITY FOR
A HEARING BEFORE THE COMPTROLLER.

(B)  APPLICATION OF CONTESTED CASE PROVISIONS.

(1)  THE COMPTROLLER SHALL GIVE NOTICE AND HOLD THE
HEARING IN ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE STATE
GOVERNMENT ARTICLE.

(2)  THE NOTICE SHALL BE SENT SO THAT THE APPLICANT
HAS AT LEAST 5 DAYS' NOTICE BEFORE THE HEARING.

(C)  OATHS.

THE COMPTROLLER MAY ADMINISTER OATHS IN CONNECTION WITH ANY
PROCEEDING UNDER THIS SECTION.

REVISOR'S NOTE: Subsections (a) and (b)(2) of this section
are new language derived without substantive change
from the sixth clause of former Art. 56, § 140(i).

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