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<regulation prefix="Regulation" num=".02" citation="COMAR 08.02.13.02" title_num="08" subtitle_num="02" chapter_num="13" heading="Commercial License Suspension and Revocation.">
  <paragraph num="A.">
    <text>A person shall be notified when their tidal fish license, authorization, or entitlement to engage in a particular activity or activities under a tidal fish license is or may be subject to suspension or revocation.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Before the Department imposes a suspension or revocation under this regulation, a person is entitled to a contested case hearing upon request in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The Department may enter into a Consent Agreement for a period of suspension or revocation with a person who waives their right to a contested case hearing.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Suspension and Revocation.</text>
    <paragraph num="(1)">
      <text>The suspension and revocation schedule in §D(3) of this regulation establishes the maximum number of days that a person’s tidal fish license, authorization, or entitlement to engage in a particular activity or activities under a tidal fish license may be suspended or revoked through the accumulation of points. A lesser penalty may be imposed at the Department's discretion if the circumstances warrant it, to include consideration of the person’s disciplinary record and the person’s agreement to comply with any conditions that the Department may reasonably require.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Points are assigned to convictions by tier based on the severity of the violation.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A person who in any 2-year period accumulates the number of points provided below shall be penalized in accordance with the following schedule:</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The Department shall administer the point system in order to:</text>
      <paragraph num="(a)">
        <text>Deter future wrongdoing; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Conserve fisheries.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>A person who receives a third suspension or revocation within a 6-year period pursuant to any provisions of Regulation .02 or .03 of this chapter is subject to an additional suspension of their tidal fish license, authorization, or entitlement to engage in a particular activity or activities under a tidal fish license for a period not to exceed 5 years.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>When a person accumulates 25 points or more, is eligible for suspension for at least 180 days, or is eligible for revocation, for a commercial fishing violation, the Department may prohibit that person from transferring or obtaining a tidal fish license or authorization before any suspension or revocation is imposed.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>A lesser penalty may be imposed at the Department's discretion, including consideration of the person's disciplinary record, an agreement to comply with any conditions that the Department may reasonably require, and any other mitigating circumstances.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>General Prohibitions.</text>
    <paragraph num="(1)">
      <text>If a person’s tidal fish license, authorization, or entitlement to engage in a particular activity or activities under a tidal fish license is suspended or revoked that person is not and may not be authorized to engage or work in the fishery or fisheries for which the license, authorization, or entitlement was suspended or revoked whether or not the activity or activities require the use of another license, during the suspension or revocation period.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>When a person’s tidal fish license, authorization, or entitlement to engage in a particular activity or activities under a tidal fish license is suspended or revoked, the Department may prohibit that person from engaging in any commercial fishing activities whether or not the activities require the use of another license, during the suspension or revocation period.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Unless authorized by Natural Resources Article, §4-702, Annotated Code of Maryland, if a person’s license, authorization, or entitlement to deal in seafood is suspended or revoked, that person may not deal in seafood harvested by another person whether or not the activity requires the use of another license, during the suspension or revocation period.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A person whose license has been suspended may not receive a tidal fish license in a transfer or purchase a new tidal fish license until after the suspension period has expired.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The Department may withhold approval of any change to a tidal fish license under Natural Resources Article, §4-701, Annotated Code of Maryland, until a pending administrative action involving the licensee is resolved.</text>
    </paragraph>
  </paragraph>
</regulation>