(a) 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.
Summary revocations
(b) 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.
Hearings
(c)(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.
Evidence at hearing
(d)(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.
Credits
Added by Acts 1989, c. 3, § 1, eff. Oct. 1, 1989. Renumbered from Business Occupations and Professions § 16-327 by Acts 1994, c. 3, § 13, eff. Feb. 28, 1994.
Formerly Art. 56A, § 4-328.
MD Code, Business Occupations & Professions, § 17-327, MD BUS OCCUP & PROF § 17-327
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
