Ch. 5

2003 LAWS OF MARYLAND

(1)      DOES NOT MEET THE QUALIFICATIONS DESCRIBED IN § 5-306 OF
THIS SUBTITLE; OR

(2)      VIOLATED § 5-308 OF THIS SUBTITLE.

(B) RETURN OF PERMIT.

A HOLDER OF A PERMIT THAT IS REVOKED BY THE SECRETARY SHALL RETURN
THE PERMIT TO THE SECRETARY WITHIN 10 DAYS AFTER RECEIPT OF WRITTEN
NOTICE OF THE REVOCATION.

REVISOR'S NOTE: This section is new language derived without substantive
change from the first and second sentences of former Art. 27, § 36E(g).

In the introductory language of subsection (a) of this section, the former
reference to a permit that is "issued or renewed" is deleted as implicit in
light of the defined term "permit".

Also in the introductory language of subsection (a) of this section, the
former phrase "at any time" is deleted as surplusage.

In subsection (b) of this section, the reference to a "written" notice of the
revocation is added for clarity in light of § 5-311(a) of this subtitle, which
allows a person to file a request for an informal review within 10 days
after receipt of "written" notice of the Secretary's initial action.

Defined terms: "Permit" § 5-301
"Secretary" § 5-301

5-311. INFORMAL REVIEW OF SECRETARY'S ACTION.

(A)     REQUEST FOR INFORMAL REVIEW.

A PERSON WHO IS DENIED A PERMIT OR RENEWAL OF A PERMIT OR WHOSE
PERMIT IS REVOKED OR LIMITED MAY REQUEST THE SECRETARY TO CONDUCT AN
INFORMAL REVIEW BY FILING A WRITTEN REQUEST WITHIN 10 DAYS AFTER RECEIPT
OF WRITTEN NOTICE OF THE SECRETARY'S INITIAL ACTION.

(B)     PERSONAL INTERVIEW.
AN INFORMAL REVIEW:

(1)      MAY INCLUDE A PERSONAL INTERVIEW OF THE PERSON WHO
REQUESTED THE INFORMAL REVIEW; AND

(2)      IS NOT SUBJECT TO TITLE 10, SUBTITLE 2 OF THE STATE
GOVERNMENT ARTICLE.

(C)     ACTION BY SECRETARY.

IN AN INFORMAL REVIEW, THE SECRETARY SHALL SUSTAIN, REVERSE, OR
MODIFY THE INITIAL ACTION TAKEN AND NOTIFY THE PERSON WHO REQUESTED
THE INFORMAL REVIEW OF THE DECISION IN WRITING WITHIN 30 DAYS AFTER
RECEIPT OF THE REQUEST FOR INFORMAL REVIEW.

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