WILLIAM DONALD SCHAEFER, Governor                   Ch. 634

(3) (I) ON CONVICTION OF A PERSON FOR A VIOLATION OF
THIS SUBSECTION, THE DEPARTMENT SHALL REVOKE IMMEDIATELY MAY
SUSPEND ALL EXISTING LICENSES TO TAKE OR CATCH FINFISH OR
SHELLFISH OYSTERS ISSUED TO THAT PERSON FOR A PERIOD NOT TO
EXCEED:

1.  1 YEAR FOR A FIRST CONVICTION; OR

2.  2 YEARS FOR A SECOND OR SUBSEQUENT
CONVICTION.

(II) THE DEPARTMENT MAY NOT REISSUE A LICENSE
REVOKED UNDER THIS SUBSECTION BEFORE 1 MONTH AFTER A CONVICTION
AND MAY, IN ITS DISCRETION, WITHHOLD THE REISSUANCE OF A LICENSE
FOR UP TO 2 YEARS AFTER THE CONVICTION.

(II)  BEFORE SUSPENDING ANY LICENSE TO TAKE OR
CATCH OYSTERS UNDER THIS SECTION, THE DEPARTMENT SHALL GIVE THE
LICENSEE WRITTEN NOTICE OF THE RIGHT TO REQUEST A HEARING.

(III)  A LICENSEE MAY REQUEST A HEARING WITHIN
15 DAYS FROM THE DATE THAT THE NOTICE REQUIRED BY THIS SECTION IS
MAILED.

(IV)  THE DEPARTMENT SHALL HOLD A HEARING WITHIN
30 DAYS OF THE DATE OF THE REQUEST AND RENDER A DECISION WITHIN
30 DAYS OF THE HEARING.

(b)  A person, other than a lessee, may not remove, alter,
transfer, or destroy any stake, buoy, or monument on any leased
oyster bottom.

(c)  A person, other than a lessee of leased oyster bottoms,
or a lessee, while he is in default in payment of any rent or
fee, may not use for any purpose any submerged land of the State.
However, any person may use any submerged land subject to lease
and not already leased for the temporary bedding of oysters for a
period not exceeding three months.

4-1201.

(a)  [Any] EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS
TITLE, A person who violates any provision of this title is
guilty of a misdemeanor[. Unless another penalty is specifically
provided elsewhere in this title, the person] AND, upon
conviction, is subject to a fine not exceeding $500, or
imprisonment not exceeding three months, or both, with costs
imposed in the discretion of the court.

(b)  Unless another penalty is specifically provided
elsewhere in this title, any person found guilty of a second or
subsequent violation of any provision of this title is subject to
a fine not exceeding $1,000, or imprisonment not exceeding one

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