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PARRIS N. GLENDENING, Governor
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Ch. 26
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"Manufacture" § 5-101
"Registrant" § 5-101
"State" § 1-101
5-308. SAME — NOTICE AND HEARING.
(A) ORDER TO SHOW CAUSE REQUIRED.
(1) BEFORE THE DEPARTMENT TAKES ACTION UNDER § 5-307 OF THIS
SUBTITLE, THE DEPARTMENT SHALL SERVE ON THE APPLICANT OR REGISTRANT AN
ORDER TO SHOW CAUSE WHY REGISTRATION SHOULD NOT BE DENIED, REVOKED; OR
SUSPENDED OR ITS RENEWAL REFUSED.
(2) THE ORDER TO SHOW CAUSE SHALL:
(I) CONTAIN A STATEMENT OF THE BASIS OF THE PROPOSED
DENIAL, REVOCATION, SUSPENSION, OR REFUSAL; AND
(II) ORDER THE APPLICANT OR REGISTRANT TO APPEAR BEFORE
THE DEPARTMENT AT A TIME AND PLACE STATED IN THE ORDER, BUT NOT LESS
THAN 30 DAYS AFTER THE DATE OF RECEIPT OF THE ORDER
(3) IF THE DEPARTMENT PROPOSES TO DENY A RENEWAL OF
REGISTRATION, THE ORDER TO SHOW CAUSE SHALL BE SERVED AT LEAST 30 DAYS
BEFORE THE REGISTRATION EXPIRES.
(B) CONDUCT OF PROCEEDINGS.
PROCEEDINGS TO DENY, REVOKE, OR SUSPEND A REGISTRATION OR RENEWAL
OF A REGISTRATION SHALL BE CONDUCTED IN ACCORDANCE WITH THE
ADMINISTRATIVE PROCEDURE ACT.
(C) PROCEEDINGS INDEPENDENT OF CRIMINAL PROSECUTION.
(1) THE PROCEEDINGS UNDER THIS SECTION SHALL BE INDEPENDENT
OF AND NOT INSTEAD OF ANY CRIMINAL PROSECUTION OR OTHER PROCEEDING
UNDER STATE LAW.
(2) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, AN
EXISTING REGISTRATION:
(I) IS NOT ABATED BY PROCEEDINGS TO REFUSE RENEWAL OF
REGISTRATION; AND
(II) SHALL REMAIN IN EFFECT PENDING THE OUTCOME OF THE
PROCEEDINGS UNDER THIS SECTION.
(D) SUSPENSIONS DURING IMMINENT PUBLIC DANGER
(1) THE DEPARTMENT MAY SUSPEND A REGISTRATION
SIMULTANEOUSLY WITH THE INSTITUTION OF PROCEEDINGS UNDER THIS SECTION
IF THE DEPARTMENT FINDS THAT AN IMMINENT DANGER EXISTS TO PUBLIC
HEALTH OR SAFETY.
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- 393 -
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