<?xml version='1.0' encoding='utf-8'?>
<section number="5-273" name="Denial, revocation, suspension, refusal to renew license" law="code" slug="sec-5-273" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_5BULI_DIV21TORE_S5-273DERESURERELI">
  <level label="a">
    <text>The Director is hereby authorized to deny, suspend, revoke, or refuse to renew any licenses issued under this Division if the Director finds that:</text>
    <level label="1">
      <text>The applicant or licensee has failed to comply with any provision contained in the Prince George's County Code.</text>
    </level>
    <level label="2">
      <text>The applicant or licensee furnished or made misleading or false statements on reports, certifications and written documents required by this Division.</text>
    </level>
    <level label="3">
      <text>A court of competent jurisdiction has found an applicant for a license or a licensee guilty of criminal activity during the preceding three (3) years directly relating to the operation or business of towing or for a crime involving theft or a related crime involving dishonesty or theft of property or constitutes a series of crimes which include receiving or the sale of stolen motor vehicles. A plea of nolo contendere shall be deemed to be the equivalent of a conviction of guilty plea for purposes of this Division.</text>
    </level>
    <level label="4">
      <text>A court of competent jurisdiction has found any tow truck operator guilty of a criminal act authorized by the licensee.</text>
    </level>
    <level label="5">
      <text>A motor vehicle has been towed by a towing company without the consent of the owner or operator of the motor vehicle or without the direction of the Police Department or authorized under some authority of law.</text>
    </level>
    <level label="6">
      <text>A tow truck operator has knowingly failed to comply with the specific requirement of any laws regulating the towing of motor vehicles.</text>
    </level>
    <level label="7">
      <text>The licensee has failed to make available for inspection by the Director or the Police Department such daily towing log as required by Section 5-268 (m).</text>
    </level>
    <level label="8">
      <text>The licensee has failed to allow the Police Department reasonable access to inspect any motor vehicle listed in the daily log that has been impounded or stored upon the storage facility of the towing company.</text>
    </level>
    <level label="9">
      <text>The licensee has willfully and deliberately engaged in a course of conduct which is in violation of any provision of Division 8 of Subtitle 2 of the Prince George's County Code or the consumer protection laws of the State, or has repeatedly demonstrated a disregard for compliance with any provision or provisions of Division 8 of Subtitle 2 of the Prince George's County Code or the consumer protection laws of the State.</text>
    </level>
    <level label="10">
      <text>The licensee has failed to comply with an order to reimburse the owner of a motor vehicle that was deemed improperly towed within fifteen (15) days of the order or failed to comply with any other order of a hearing officer resulting from a proceeding under this Code or such regulations as the Director may issue.</text>
    </level>
    <level label="11">
      <text>The licensee has failed to accept a credit card for payment at its business location or storage facility more than five (5) times in a year.</text>
    </level>
    <level label="12">
      <text>The licensee has failed to appear at a hearing three (3) times in a three (3) month period.</text>
    </level>
    <level label="13">
      <text>The licensee has abandoned a vehicle in violation of Section 5-272(d)(2).</text>
    </level>
  </level>
  <level label="b">
    <text>No license shall be denied, suspended, revoked, or not renewed hereunder without the Director first notifying, in writing, the licensee and its resident agent, and providing the reasons for said denial, suspension, revocation or refusal to renew a license. The written notice shall be served by delivery of said notice to all parties by registered or certified mail. Any party aggrieved by a decision or action of the Director shall have the right to request a hearing within ten (10) calendar days after the date of such decision or action. At least fifteen (15) calendar days prior to the date set for the hearing, the Director shall notify the licensee to the proceeding and its resident agent in writing of the date, time and place set for the hearing and the charge made, and afford all parties the opportunity to be heard in person and by counsel in reference thereto. The written notice shall be served by the delivery of the notice to all parties by registered or certified mail. Within ten (10) working days following the hearing, the Director shall render a final decision and the reasons therefor in writing and shall forward a copy of the same to all parties by certified or registered mail.</text>
  </level>
  <level label="c">
    <text>The Director may deny, suspend, revoke, or refuse to renew any license issued under this Division for a period of time determined by the Director to be just and reasonable in relation to the severity of the violations found to exist under this Section. If a license has been denied, revoked, or not renewed, the applicant shall not be eligible to apply for another license for a period of twelve (12) months after the date on which the Director rendered a denial, revocation or refusal to renew decision.</text>
  </level>
</section>
