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Session Laws, 1989
Volume 771, Page 789   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                        Ch. 3

(A)  IN GENERAL.

SUBJECT TO THE PROVISIONS OF SUBSECTION (B) OF THIS SECTION,
THE COMMISSION MAY ORDER SUMMARILY THE SUSPENSION OF THE LICENSE
OF A LICENSEE IF THE LICENSEE:

(1)  FAILS TO ACCOUNT PROMPTLY FOR ANY MONEY HELD IN
TRUST; OR

(2)  ON DEMAND, FAILS TO DISPLAY TO THE COMMISSION ALL
RECORDS, BOOKS, AND ACCOUNTS OF ANY MONEY HELD IN TRUST.

(B)  NOTICE OF SUMMARY SUSPENSION; PROMPT HEARING.

THE COMMISSION MAY ORDER SUMMARILY A SUSPENSION UNDER THIS
SECTION ONLY IF THE COMMISSION GIVES THE LICENSEE:

(1)  WRITTEN NOTICE OF THE SUSPENSION AND THE FINDING
ON WHICH THE SUSPENSION IS BASED; AND

(2)  AFTER THE SUMMARY SUSPENSION IS EFFECTIVE, AN
OPPORTUNITY TO BE HEARD PROMPTLY BEFORE THE COMMISSION OR, AS
PROVIDED UNDER § 16-326 OF THIS SUBTITLE, BEFORE A HEARING BOARD.

(C)  TERM OF SUMMARY SUSPENSION.

A SUMMARY SUSPENSION ORDERED BY THE COMMISSION UNDER THIS
SECTION:

(1)  MAY START IMMEDIATELY OR AT ANY LATER DATE, AS
SET BY THE ORDER; AND

(2)  SHALL CONTINUE UNTIL:

(I)  THE LICENSEE COMPLIES WITH THE CONDITIONS
SET FORTH BY THE COMMISSION IN ITS ORDER; OR

(II)  THE COMMISSION ORDERS A DIFFERENT
DISPOSITION AFTER A HEARING HELD UNDER THIS SECTION.

(D)  ELECTION TO HOLD HEARING BEFORE SUSPENSION.

(1)  RATHER THAN ORDER SUMMARILY A SUSPENSION OF A
LICENSE UNDER THIS SECTION, THE COMMISSION MAY ELECT NOT TO
SUSPEND THE LICENSE UNTIL AFTER THE LICENSEE IS GIVEN AN
OPPORTUNITY FOR A HEARING.

(2)  IF THE COMMISSION ELECTS TO GIVE THE LICENSEE AN
OPPORTUNITY FOR A HEARING BEFORE SUSPENDING THE LICENSE FOR THE
GROUNDS SET FORTH IN THIS SECTION, THE COMMISSION SHALL GIVE
NOTICE AND HOLD THE HEARING IN THE SAME MANNER AS REQUIRED UNDER
§ 16-324 OF THIS SUBTITLE.

- 789 -

 

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Session Laws, 1989
Volume 771, Page 789   View pdf image
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