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§ 21-418. Suspension or revocation of permits

West's Annotated Code of MarylandHealth--General

West's Annotated Code of Maryland
Health--General
Title 21. Food, Drugs, and Cosmetics (Refs & Annos)
Subtitle 4. Milk Products (Refs & Annos)
Part II. Permit Process
MD Code, Health - General, § 21-418
§ 21-418. Suspension or revocation of permits
Currentness
Suspension
(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.
Notice required
(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.
Notice not required
(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.
Revocation
(d) If a permit has been suspended more than once, the Secretary may revoke the permit.

Credits

Added as Health-Environmental § 4-418 by Acts 1982, c. 240, § 2, eff. July 1, 1982. Transferred to Health-General § 21-418 by Acts 1987, c. 306, § 2, eff. July 1, 1987. Amended by Acts 1987, c. 306, § 15, eff. July 1, 1987; Acts 1988, c. 6, § 11, eff. July 1, 1988.
Formerly Art. 43, § 576.
MD Code, Health - General, § 21-418, MD HEALTH GEN § 21-418
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document