<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".06" citation="COMAR 15.16.01.06" title_num="15" subtitle_num="16" chapter_num="01" heading="Establishment's Failure to Pass Inspection.">
  <paragraph num="A.">
    <text>Failure of Applicant's Establishment to Pass Initial Inspection.</text>
    <paragraph num="(1)">
      <text>Initial Inspection. The Board may not issue a license to a person to operate a horse establishment if the establishment fails to pass inspection.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Subsequent Inspection. If an establishment fails to pass its initial inspection, the Board may:</text>
      <paragraph num="(a)">
        <text>Conduct a subsequent inspection after giving the person sufficient time to correct the deficiencies; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Issue a license if it finds during the subsequent inspection that the deficiencies have been corrected.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Failure of Licensee's Establishment to Pass Inspection.</text>
    <paragraph num="(1)">
      <text>If, following an inspection, the Board determines that the licensee's establishment does not meet the requirements of the particular class or classes in which the operator is licensed to do business, the following actions shall be taken:</text>
      <paragraph num="(a)">
        <text>The Board shall:</text>
        <paragraph num="(i)">
          <text>Give the licensee written notice of the perceived deficiencies, and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Schedule an additional inspection, allowing the licensee a reasonable period of time to complete necessary corrective measures;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>The licensee, before the additional inspection is scheduled to occur, shall:</text>
        <paragraph num="(i)">
          <text>Complete those measures necessary to correct the perceived deficiencies, and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Submit evidence to the Board that satisfactory corrective measures have been completed.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>If, following the failed first inspection, the licensee does not submit evidence to the Board showing that satisfactory corrective measures have been completed, the Board shall conduct the scheduled additional inspection.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If, following this second inspection, the Board determines that the licensee's establishment is still deficient in those areas in which it had been given written notice, the same actions outlined in §B(1) of this regulation shall be taken.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>If, following a third inspection, the Board again determines that the licensee’s establishment is still deficient in the areas in which it had been given written notice, the Board shall:</text>
      <paragraph num="(a)">
        <text>Bring formal charges against the licensee; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Conduct an administrative hearing in order to determine whether:</text>
        <paragraph num="(i)">
          <text>The operator's license in a particular class or classes should be suspended or revoked for any of the reasons listed in Agriculture Article, §2-715, Annotated Code of Maryland ; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The operator shall pay an administrative penalty as provided under COMAR 15.16.03.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>