Subject to the hearing provisions of Regulation .02 of this chapter, the Board may deny, refuse to renew, suspend, or revoke a license if the applicant or licensed marine contractor: Performs or solicits to perform marine contractor services without a license; Unless authorized to perform marine contractor services under this title, represents to the public by title, by description of services, methods, or procedures, or otherwise that the individual or entity is authorized to perform marine contractor services in the State; Violates a provision of Environment Article, Title 17, Annotated Code of Maryland, or a regulation under this subtitle; Fraudulently or deceptively obtains or attempts to obtain a license for the licensed marine contractor or for another individual or entity; Fraudulently or deceptively uses a license; Commits any gross negligence, incompetence, or misconduct while practicing marine contractor services; Fails to comply with the terms of a tidal wetlands authorization issued under Environment Article, §16-202 or 16-307, Annotated Code of Maryland; Violates any provision of, or regulations adopted under, Environment Article, §16-202 or 16-307, Annotated Code of Maryland; or In the Chesapeake and Atlantic Coastal Bays Critical Area, as defined under Natural Resources Article, §8-1802, Annotated Code of Maryland, fails to comply with: The terms of a State or local permit, license, or approval; or Any State or local law, an approved plan, or other legal requirement. For the purpose of this regulation, an act or omission of any principal, agent, or employee of an applicant or licensed marine contractor may be construed to be the act or omission of the applicant or licensed marine contractor, as well as of the principal, agent, or employee. Before taking any action pursuant to Regulation .01 of this chapter or COMAR 26.28.02.04C(2), the Board shall refer a proposed decision to the Secretary, or their designee, for final approval pursuant to State Government Article, §8-205.1, Annotated Code of Maryland. Once a final decision has been made by the Secretary, or their designee, the Board shall give the applicant or licensed marine contractor against whom the action is contemplated notice and the opportunity for contested case hearing. At least 30 days before the hearing, the hearing notice shall be: Served personally; or Sent by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of the individual or entity. The notice of hearing and hearing shall conform to the provisions of the Administrative Procedures Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. If, after due notice, the individual or entity against whom the action is contemplated fails or refuses to appear, the Board nevertheless may hear and determine the matter. A person aggrieved by a final decision of the Board is entitled to judicial review in accordance with State Government Article, §§10-222 and 10-223, Annotated Code of Maryland. Environment Article, Title 17, Subtitles 1—5, Annotated Code of Maryland Effective date: March 18, 2024 (51:5 Md. R. 233)