§ 38A-10. Procedure for revocation; hearing; appeals.  


Latest version.
  • (a) If the Office finds a violation of this Chapter or Chapter 11, or of any other applicable law or regulation relating to the installation, maintenance and repair of radio and television equipment and electrical appliances, the Office may, in addition to the procedures in Chapter 11, issue a written complaint against the registrant, seeking that the registrant's radio, television and electrical appliance installation and repair 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 a 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, upon finding a violation of this Chapter, or the violation of any of the provisions of Chapter 11 of this Code, or the violation of any other applicable provision of law or regulation relating to the installation, maintenance and repair of radio and television equipment and electrical appliances, shall have the power to revoke, suspend, or refuse to renew the registration of any registrant. Any decision to revoke, suspend or refuse to renew registration shall be in writing and shall include a statement of the facts upon which it is based. Decisions shall be served upon a registrant by personal service or by certified mail. Any registrant aggrieved by any decision to revoke, suspend or refuse registration may appeal to the circuit court for the County in accordance with the procedure prescribed for administrative appeals by the Maryland Rules of Procedure. (1975 L.M.C., ch. 5, § 1; 1980 L.M.C., ch. 35, § 1; 1983 L.M.C., ch. 43, § 2; 1996 L.M.C., ch. 13, § 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.