Sec. 10.15.09.21. Suspension and Revocation of Permits

A. When a permittee is found in violation of this chapter and the Grade “A” Pasteurized Milk Ordinance, the Secretary may suspend or revoke a permit as set forth in this regulation and Health-General Article, §§21-211, 21-418, or 21-419, Annotated Code of Maryland, or the Grade “A” Pasteurized Milk Ordinance.

B. Except as otherwise provided in this regulation, before suspending a permit, the Secretary shall give to the permittee notice of intent to suspend as provided by Health-General Article, §21-418, Annotated Code of Maryland.

C. The Department may suspend a permit if the permittee fails or neglects to correct a violation within the specified time period.

D. If a permit has been suspended more than once, the Secretary may revoke the permit.

E. The Department shall ensure that an opportunity for a hearing is provided to a person whose permit has been suspended or revoked.

F. When an immediate and substantial danger is found to exist to public health, safety, or welfare that imperatively requires emergency action, pursuant to Health-General Article, §21-418(c), and State Government Article, §10-226(c)(2), Annotated Code of Maryland, the:

(1) Department shall:

(a) Summarily suspend the permit;

(b) Order the permittee to cease operation immediately; and

(c) Promptly provide the permittee with:

(i) A written notice of the suspension of the permit;

(ii) The reasons for the suspension; and

(iii) An opportunity to be heard; and

(2) Permittee shall immediately cease operation upon the receipt of the summary suspension order.