§ 21-418. Suspension and revocation of permits

   (a) Grounds for suspension. -- 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) Notice of intent to suspend -- In general. --

   (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) Notice of intent to suspend -- When not required. -- 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) Revocation of permit. -- If a permit has been suspended more than once, the Secretary may revoke the permit.

HISTORY: An. Code 1957, art. 43, § 576; 1982, ch. 240, § 2; 1987, ch. 306, § 2, 15; 1988, ch. 6, § 11.