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<section number="13-187" name="License suspension or revocation; procedure; revalidation and reissuance" law="code" slug="sec-13-187" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_13HOPRST_DIV4REHO_S13-187LISUREPRRERE">
  <level label="a">
    <text>A license once issued or reissued may be suspended or revoked upon a finding by the Director that one (1) or more of the requirements of Subtitle, 4 Subtitle 5, Subtitle 11, Subtitle 13, or Subtitle 27, of this Code have been violated, where the violations constitute a serious threat to the health and safety of the occupants, or upon the unreasonable failure of the licensee to comply with a notice of violation. A license is not required where a buyer and a seller of a single-family dwelling enter into a Pre-Settlement Occupancy Agreement and/or a Post-Settlement Occupancy Agreement.</text>
    <level label="1">
      <text>A license may be suspended immediately without hearing upon written notice to the landlord setting forth the grounds for the suspension. The suspension shall terminate and the license shall be revalidated immediately upon correction by the landlord of the violations causing the suspension. The suspension shall expire and the license shall automatically be revalidated in thirty (30) days unless, during that period, the Director initiates action to revoke the license by sending notice of hearing as provided in subparagraph (2), below.</text>
    </level>
    <level label="2">
      <text>No license shall be revoked hereunder without the Director first holding a hearing pursuant to Subtitle 13, Division 15 to consider the action and giving the licensee at least five (5) working days written notice of the time, place, and date of the hearing. The notice shall set forth the grounds for the revocation. Once a license has been revoked, the Director may proceed with appropriate enforcement action as provided.</text>
    </level>
  </level>
  <level label="b">
    <text>Reissuance of a license that has been revoked, or denied upon application for renewal, shall be subject to payment of the full amount of the applicable license and inspection fee except that, at the discretion of the Director, the license may be reissued on a six (6) month basis. When an inspection confirms that a property on a six (6) month licensing schedule is being maintained to Code standards it shall then be placed on an annual licensing schedule for a period not to exceed three (3) years. The fee for such six (6) month or annual license shall be the same as normally required for a two year license and shall double, progressively, for any subsequent denial or revocation which may occur prior to expiration of the six (6) month or three (3) year annual licensing term. Such a decision of the Director may be appealed to the Administrative Hearing Unit established by Division 15 of this Subtitle if filed within thirty (30) calendar days.</text>
  </level>
  <level label="c">
    <text>When a license has been suspended or revoked or an application for a license has been denied, it shall be unlawful for the licensee or any person to let for occupancy or use any dwelling unit then vacant or becoming vacant until a license has been reissued or revalidated.</text>
  </level>
  <level label="d">
    <text>Upon suspension, revocation, denial, or expiration of a license, a notice, provided by the Department of Permitting, Inspections, and Enforcement, shall be posted and publicly displayed in the rental office or upon the property, as the Director determines, which shall state as follows:</text>
    <table>
      <row>
        <cell>"OCCUPANCY OF ANY DWELLING UNIT IN THIS BUILDING/PROJECT NOW VACANT OR BECOMING VACANT IS UNLAWFUL UNTIL A LICENSE TO OPERATE HAS BEEN OBTAINED AND IS DISPLAYED ON THE PREMISES."</cell>
      </row>
    </table>
  </level>
  <text>It shall be unlawful for any person to remove such notice until a license has been obtained.</text>
  <level label="e">
    <text>Any issued license which is suspended or revoked shall be returned to the Director.</text>
  </level>
  <level label="f">
    <text>The notice of suspension, revocation, or denial of a license shall advise the person notified of his right of appeal of such notice. The Administrative Hearing Unit shall hold a hearing upon the appeal and the proceedings shall be conducted in accordance with the procedures outlined in Sections 13-1134 through 13-1151 and Section 13-1153 through 13-1154 of this Code. The Director shall have the initial burden to establish the basis for the determination from which the appeal was taken. The appellant shall have the burden to establish by a preponderance of the evidence that the Director has misconstrued or wrongly interpreted the intent and meaning of this Code. The Administrative Hearing Unit shall determine only whether there was substantial evidence for the Director to take the enforcement action from which the appeal was taken. The Administrative Hearing Unit may not substitute its judgment for that of the Director.</text>
  </level>
  <level label="g">
    <text>Every decision of the Administrative Hearing Unit shall be given in writing within thirty (30) days of the hearing. A copy of each such decision shall be promptly filed with the Director and a copy shall be sent by U.S. first-class mail, sent electronically, or otherwise delivered to the appellant. An appellant aggrieved by a decision of the Administrative Hearing Unit may seek reconsideration of the matter in accordance with Section 13-1128 of this Code and all provisions of that Section shall apply to the disposition of the application for reconsideration. The decision of the Hearing Administrator on an application for reconsideration shall constitute the final decision of the Administrative Hearing Unit. Any party who, after having exhausted all administrative remedies available, is aggrieved by a final decision of the Administrative Hearing Unit may seek judicial review of that decision in the Circuit Court for Prince George's County, Maryland, in accordance with the Maryland Rules. The filing of a petition for judicial review does not stay an order of the Administrative Hearing Unit, unless a stay is granted by the circuit court.</text>
  </level>
</section>
