Sec. 33.09.07.08. Permissive Decertification

A. Notice of Deficiency. If, at any time, the State Administrator determines that a voting system no longer merits certification, the State Administrator may notify all local boards and all known vendors of that particular system that the system will be referred to the State Board to have its certification for future sale or use in Maryland rescinded.

B. Contents of Notice. The notice shall:

(1) Describe the reasons for the proposed decertification; and

(2) Provide system vendors and local boards using the system a reasonable opportunity to respond and explain why the system should not be decertified.

C. Referral, Notice, and Hearing.

(1) If, on consideration of any responses, the State Administrator continues to believe that the system should be decertified, the State Administrator may refer the matter to the State Board.

(2) On receipt of the referral, the State Board shall schedule a public hearing and provide notice to known interested parties.

(3) At the hearing, any interested party may submit testimony or documentation in support of or in opposition to the proposed decertification.

D. Board Decision. If the Board determines that a voting system no longer merits certification, the State Board may decertify the system from all future sale and use in this State.