§ 21-111. Procedure for revocation, suspension, or nonrenewal of license.

(a)

In addition to the other penalties provided for under this Subtitle, the license or registration of any person who violates the provisions of this Subtitle or the regulations promulgated hereunder may be suspended or revoked, or the renewal of such license or registration may be refused, in accordance with the following provisions:

(1)

For an initial violation, the Director of the Department of the Environment may issue a warning notice advising the person of the violation.

(2)

If a warning notice was issued for a prior violation, for a second violation the Director of the Department of the Environment may suspend a license or registration for thirty (30) days.

(3)

If a warning notice was issued and a license or registration was suspended for prior violations, the Director of the Department of the Environment may revoke a license or registration or refuse to renew a license or registration.

(b)

For any violation which the Director of the Department of the Environment finds is a risk or threat of danger to the public health, safety, or welfare, the Director may either refuse to renew or may suspend or revoke a license or registration without following the procedures set forth in Subsection (a).

(c)

A written notice of warning or a written notice of revocation, suspension, or refusal to renew or other action affecting a license or registration must be mailed by certified mail or delivered in person to the address shown on the application, license, or registration. The notice must inform the applicant or the holder of the license or registration of a right to a hearing before the Director of the Department of the Environment or his designee. The holder of the license or registration must request a hearing under this Section within thirty (30) calendar days after the notice is issued. A request for a hearing does not stay the operation of the revocation, suspension, or other action taken by the Director of the Department of the Environment.

(d)

If public health or safety is in immediate danger, prior notice is not required but must be given as promptly as practicable.

(e)

After giving notice under Subsection (c), the Director of the Department of the Environment may revoke the registration of a vehicle owned or operated by the holder of a license found to be in violation of this Subtitle or the regulations promulgated hereunder until the holder of the license puts the vehicle in compliance with the provisions of this Subtitle or the regulations promulgated hereunder or otherwise corrects the violation. Except as provided in Section 21-105(e)(2), the revocation of the registration of a particular vehicle shall not otherwise affect the license issued under this Subtitle or the registration of complying vehicles owned or operated by the holder of the license.

(f)

If a license or registration of a person has been revoked, the holder of the license or registration is not eligible to apply for a new license or registration for a period of twelve (12) months from the date of revocation; provided, however, that the registration of a particular registered vehicle shall be reinstated immediately upon the correction of all violations with respect to such vehicle.

(Gen. Res. No. 24-1967, Sec. 5; CB-49-1984; CB-57-1990; CB-30-2014)