§ 17-328. Summary suspension of licenses for trust fund violations

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

   (1) fails to account promptly for any money held in trust;

   (2) on demand, fails to display to the Commission all records, books, and accounts of any money held in trust;

   (3) has been convicted of a felony under the laws of the United States or of any state; or

   (4) within 10 days after the conviction or within 10 days following release from incarceration as a result of the conviction, whichever is later, fails to disclose to the Commission that the licensee has been convicted of a felony under the laws of the United States or of any state.

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

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

   (2) after the summary suspension 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) Term of summary suspension. -- A summary suspension ordered by the Commission under this section:

   (1) may start immediately or at any later date, as set by the order; and

   (2) shall continue until:

      (i) the licensee complies with the conditions set forth by the Commission in its order; or

      (ii) the Commission orders a different disposition after a hearing held under this section.

(d) Election to hold hearing before suspension. --

   (1) Rather than order summarily a suspension of a license under this section, the Commission may elect not to suspend 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 suspending 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.

HISTORY: An. Code 1957, art. 56A, § 4-329; 1989, ch. 3, § 1; 1994, ch. 3, § 13; 2008, ch. 154.