§ 17-327. Summary revocation of licenses based on actions of other agencies

   (a) In general. -- Subject to the provisions of subsection (b) of this section, the Commission may order summarily the revocation of:

   (1) the license of any licensee, if:

      (i) the licensee is convicted of a violation of this title;

      (ii) the conviction is final; and

      (iii) the period for appeal has expired; or

   (2) the license of any nonresident licensee, if the real estate regulatory agency of the state where the licensee is a resident:

      (i) revokes the license issued by that state; and

      (ii) certifies the order of revocation to the Commission.

(b) Notice of summary revocation; prompt hearing. -- The Commission may order summarily a revocation under this section only if it gives the licensee:

   (1) written notice of the revocation and the finding on which the revocation is based; and

   (2) after the summary revocation is effective, an opportunity to be heard promptly before the Commission or, as provided under § 17-326 of this subtitle, before a hearing board.

(c) Election to hold hearing before revocation. --

   (1) Rather than order summarily a revocation of a license under this section, the Commission may elect not to revoke 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 revoking 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 § 17-324 of this subtitle.

(d) Scope of evidence. --

   (1) In any hearing held on the grounds for revocation under subsection (a) of this section, the Commission may restrict the admission of evidence to the issue whether:

      (i) the alleged conviction in fact occurred; or

      (ii) the alleged revocation in fact occurred.

   (2) Notwithstanding paragraph (1) of this subsection, in any hearing held on the grounds for revocation under subsection (a) of this section, a licensee may present matters in mitigation of the offense charged.

HISTORY: An. Code 1957, art. 56A, § 4-328; 1989, ch. 3, § 1; 1994, ch. 3, § 13.