Ch. 512

1994 LAWS OF MARYLAND

order an immediate stop sale until a transient vendor's license is obtained or [without a
warrant] may ORDER A LAW ENFORCEMENT OFFICER TO seize the goods that the
transient vendor is offering or has offered for sale.                                                     

(2) [If] SUBJECT TO THE HEARING PROVISIONS OF SUBSECTION (B) OF
THIS SECTION, IF a transient vendor sells or offers to sell goods in the State without
stating and charging the sales and use tax separately from the sale price as required under
Title 11 of the Tax - General Article, the transient vendor's license is void and shall be
seized by the law enforcement officer and returned to the Comptroller, and the provisions
of paragraph (1) of this subsection apply.

(B) (1) THE COMPTROLLER MAY ORDER SUMMARILY A STOP SALE OR A
SEIZURE OF THE TRANSIENT VENDOR'S GOODS OR LICENSE IF THE COMPTROLLER:

(I)       FINDS THAT THE PUBLIC HEALTH, SAFETY, OR WELFARE
IMPERATIVELY REQUIRES EMERGENCY ACTION; AND

(II)     PROMPTLY GIVES THE LICENSEE:

1.        WRITTEN NOTICE OF THE STOP SALE OR SEIZURE THE
FINDING, AND THE REASONS THAT SUPPORT THE FINDING; AND

2.        AN OPPORTUNITY TO BE HEARD.

(2) (I) IF THE COMPTROLLER FINDS THAT EMERGENCY ACTION IS
NOT NECESSARY UNDER PARAGRAPH (1) OF THIS SUBSECTION, BEFORE THE
COMPTROLLER TAKES ANY FINAL ACTION UNDER SUBSECTION (A) OF. THIS
SECTION, THE COMPTROLLER SHALL GIVE THE PERSON AGAINST WHOM THE
ACTION IS CONTEMPLATED AN OPPORTUNITY FOR A HEARING BEFORE THE
COMPTROLLER.                                                                                                                  

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

(III) THE COMPTROLLER MAY ADMINISTER OATHS IN A
PROCEEDING UNDER THIS SUBSECTION.

(IV) IF, AFTER DUE NOTICE, THE PERSON AGAINST WHOM THE
ACTION IS CONTEMPLATED DOES NOT APPEAR, NEVERTHELESS THE COMPTROLLER
MAY HEAR AND DETERMINE THE MATTER.                                        

[(b)](C) (1) All property seized by a law enforcement officer under this section
shall be deemed prima facie to be contraband of law.

(2) All rights, title, and interest in the property seized shall vest immediately
in and to the local government, if seized by a law enforcement official of a local
government, or to the State, if seized by State authorities, and may not be returned to the
vendor or any other person, except as provided in this section.

[(c)] (D) (1) If the ultimate disposition of charges, in connection with which the
property may have been seized, results in a record of conviction being entered against the
vendor, the State Treasurer or the fiscal officer of the local government, within 90 days

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