Suspension and revocation of permits

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    (a)    Subject to the hearing provisions of § 21-419 of this subtitle, the Secretary shall suspend a permit issued under this subtitle if:

        (1)    The holder of the permit has obtained the permit fraudulently or deceptively;

        (2)    The holder of the permit has violated this subtitle or a rule or regulation adopted under this subtitle;

        (3)    A violation of this subtitle or a rule or regulation adopted under this subtitle exists at the place for which the permit has been issued under this subtitle;

        (4)    A health hazard exists at the place for which the permit has been issued or exists as to the individual who holds the permit; or

        (5)    The holder of the permit has interfered with the Secretary in the performance of the Secretary’s duties.

    (b)    (1)    Except as otherwise provided in this section, before suspending a permit, the Secretary shall give to the holder of the permit notice of intent to suspend.

        (2)    The notice shall:

            (i)    Specify with particularity the condition or violation that the Secretary believes to justify the suspension; and

            (ii)    State that the holder has an opportunity to correct the condition or violation before a time that is:

                1.    At least 48 hours after the holder receives the notice of intent to suspend; and

                2.    Agreed on by the parties or set by the Secretary.

    (c)    The Secretary is not required to give notice of intent to suspend a permit if:

        (1)    The violation creates an imminent hazard to public health; or

        (2)    The holder of the permit has willfully refused to permit an authorized inspection.

    (d)    If a permit has been suspended more than once, the Secretary may revoke the permit.


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