Whenever the Commissioner reasonably believes that a person is distributing a psychoactive substance in violation of this title, the Commissioner shall issue a violation notice to the person.
The violation notice must:cite the violation;
specify any corrective action to be taken and the time within which that action must be taken; and
state that a hearing will be provided to the person, if one is requested under Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>.
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On reasonable belief that a violation of this title has occurred, the Commissioner may:seize and detain any product suspected to be a psychoactive substance;
submit the seized product for laboratory testing and analysis;
retain for use in further proceedings any seized product found to be a psychoactive substance; and
destroy any product ultimately determined to be a psychoactive substance involved in a violation of this title.
Any product found not to be a psychoactive substance involved in a violation of this subtitle must be promptly returned to the person from whom seized, less any amount destroyed for testing.
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In this Part II, “license” means a license or permit issued by the Baltimore City Health Department.
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The Commissioner may suspend or revoke the license of a person if the licensee has first been issued a violation notice under <cite data-path="|health|§16-301">§ 16-301 {“Notice of Violation”} of this subtitle</cite>.
Before suspending or revoking a license, the Commissioner must provide the licensee with notice and opportunity for hearing, as provided In Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>.
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If the Commissioner considers it necessary and in the interest of public health and safety because of exigent circumstances where public health and safety are under imminent threat, the Commissioner may issue an order of immediate suspension to a licensee without having first issued a violation notice under <cite data-path="|health|§16-301">§ 16-301 {“Notice of Violation”} of this subtitle</cite>.
An order issued under this section:must cite the violation;
must specify the corrective action to be taken and the time within which that action must be taken; and
may order all of the licensee’s operations to be discontinued immediately.
The notice must also state that a hearing will be provided to the licensee under Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>, if one is requested.
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