Maryland Health - General Section 21-418

Article - Health - General

§ 21-418.

      (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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