WILLIAM DONALD SCHAEFER, Governor

Ch. 2

EXCEPT AS OTHERWISE PROVIDED IN TITLE 10, SUBTITLE 4 OF THE
STATE GOVERNMENT ARTICLE, BEFORE THE COMPTROLLER TAKES AN ACTION
UNDER § 11-710 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.

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

(C)  OATHS.

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

REVISOR'S NOTE: This section is standard language added to
state expressly the hearing rights of a licensee. The
addition conforms to administrative practice.

The express inclusion of the power to reprimand a
licensee in § 11-710 of this subtitle, when read with
this section, results in new express requirements that
a hearing be held before the Comptroller may reprimand
a licensee. This addition is made to conform to other
occupational provisions found throughout the Code and
to meet fundamental requirements of fairness.

In subsection (b) of this section, the reference to
Title 10, Subtitle 2 of the State Government Article
is added to demonstrate clearly the intended
application of that subtitle to administrative
hearings under this section.

Defined terms: "Comptroller" § 1-101
"Person" §§ 1-101 and 11-101

11-712. PROHIBITED ACT.

A PERSON MAY NOT ENGAGE IN THE BUSINESS OF A RETAIL VENDOR
OR ENGAGE IN THE BUSINESS OF AN OUT-OF-STATE VENDOR WITHOUT A
LICENSE ISSUED BY THE COMPTROLLER UNDER THIS SUBTITLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first clause of
the first sentence of former Art. 81, § 360 and the
first clause of § 398.

Defined terms: "Comptroller" § 1-101

"Engage in the business of a retail vendor" § 11-701

"Engage in the business of an

out-of-state vendor" § 11-701 .
"License" § 11-701 "Person" §§ 1-101 and 11-101

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