Section 4-212 - Refusal or withdrawal of inspection. - Maryland Statutes

§ 4-212. Refusal or withdrawal of inspection.
 

(a)  "Person responsibly connected with business" defined.- For the purpose of this section, a person is responsibly connected if he is an officer, director, holder, or an owner of at least 10 percent of the voting stock, or an employee in a managerial or executive capacity in the business. 

(b)  Unfit applicant or recipient.- After the applicant or recipient is accorded an opportunity for a hearing, the Secretary may refuse or withdraw inspection services for any period of time, if it is determined that the applicant or recipient is unfit to engage in any business requiring inspection because he is responsibly connected with any business or person convicted within the previous ten years of one of the following offenses: 

(1) Any felony or more than one misdemeanor under any law based upon acquiring, handling, or distributing adulterated, mislabeled, or deceptively packaged food or fraud in connection with transactions with food; or 

(2) Any felony involving fraud, bribery, extortion, or any other act or circumstance indicating a lack of integrity needed for the conduct of operations affecting the public health. 

(c)  Failure to maintain premises and facilities in sanitary condition, etc.- If inspection services are withdrawn or refused for any establishment for any failure of the operator (1) to maintain premises, facilities, equipment, or operating conditions pursuant to the provisions of § 4-208 of this subtitle; or (2) to destroy any condemned poultry product as required, the applicant or recipient, upon request, shall be afforded a hearing on the validity of this action. However, the withdrawal or refusal shall continue unless the Secretary orders otherwise. 

(d)  Judicial review.- The determination and order of the Secretary made after the hearing shall be final and conclusive, unless the applicant or recipient files petition for judicial review within 30 days after the effective date of the order in the circuit court for any county in which premises subject to withdrawn or refused inspection service is located. Pending appeal to the board of review, the refusal shall continue in effect unless the Secretary otherwise orders. 
 

[An. Code 1957, art. 43, § 197-18; 1973, 1st Sp. Sess., ch. 6, § 1; 1982, ch. 820, § 3; 2007, ch. 5, § 7.]