(a) If the Office finds a violation of this Chapter or Chapter 11, or a violation of any other applicable law or regulation relating to the repair or maintenance of motor vehicles, or if the Office finds a violation of Article III of this Chapter relating to the towing of motor vehicles, the Office may, in addition to the procedures established in Chapter 11, issue a written complaint against the registrant, seeking that the registrant's motor vehicle repair and towing registration be revoked, suspended, or refused. All complaints issued by the Office must be in writing and specify the allegations on which the complaint is based and the law or regulation which the registrant allegedly violated. All complaints must be served on the registrant against whom the complaint is made either by personal service or by certified mail, delivery restricted to addressee, mailed to the last address recorded in the official County registry.
(b) Before revoking, suspending or refusing to renew any registration, the Office must offer the registrant an opportunity for a hearing to show why the registration should not be revoked, suspended, or refused. The Director may serve as hearing officer at any hearing, or the Director may appoint a hearing officer. The registrant must receive at least 15 days written notice of the hearing by personal service or certified mail delivered to the last address recorded in the official County registry. The notice must specify the time, date and place of the hearing and contain sufficient information to inform the registrant of the nature of the complaint. The notice must specify that the registrant has a right to representation by counsel and that the registration may be suspended, revoked or refused by the County.
(c) The hearing officer, on finding a violation of this Chapter or Chapter 11, or any other applicable law or regulation relating to the repair or maintenance of motor vehicles, may revoke, suspend, or refuse to renew the registration of any registrant. The hearing officer may revoke, suspend, or refuse to renew a tower’s registration on finding a violation of Article III of this Chapter relating to the towing of motor vehicles. Any decision to revoke, suspend, or refuse to renew registration must be in writing, include a statement of the facts on which it is based, and be served on a registrant by personal service or certified mail. Any registrant aggrieved by a decision to revoke, suspend or refuse any registration may appeal to the Circuit Court under the applicable rules for administrative appeals. (1975 L.M.C., ch. 21, § 1; 1980 L.M.C., ch. 10, § 1; 1983 L.M.C., ch. 42, § 2; 1996 L.M.C., ch. 13, § 1; 1997 L.M.C., ch. 21, § 1; , § 1.)
Editor’s note—2005 L.M.C., ch. 26, §§ 2 and 3, state:
Sec. 2. Regulations. A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.
Sec. 3. Transition. This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect. Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.
