Section 17-327 - Summary revocation of licenses based on actions of other agencies. - Maryland Statutes

§ 17-327. Summary revocation of licenses based on actions of other agencies.
 

(a)  In general.- Subject to the provisions of subsection (b) of this section, the Commission may order summarily the revocation of: 

(1) the license of any licensee, if: 

(i) the licensee is convicted of a violation of this title; 

(ii) the conviction is final; and 

(iii) the period for appeal has expired; or 

(2) the license of any nonresident licensee, if the real estate regulatory agency of the state where the licensee is a resident: 

(i) revokes the license issued by that state; and 

(ii) certifies the order of revocation to the Commission. 

(b)  Notice of summary revocation; prompt hearing.- The Commission may order summarily a revocation under this section only if it gives the licensee: 

(1) written notice of the revocation and the finding on which the revocation is based; and 

(2) after the summary revocation is effective, an opportunity to be heard promptly before the Commission or, as provided under § 17-326 of this subtitle, before a hearing board. 

(c)  Election to hold hearing before revocation.-  

(1) Rather than order summarily a revocation of a license under this section, the Commission may elect not to revoke the license until after the licensee is given an opportunity for a hearing. 

(2) If the Commission elects to give the licensee an opportunity for a hearing before revoking the license for the grounds set forth in this section, the Commission shall give notice and hold the hearing in the same manner as required under § 17-324 of this subtitle. 

(d)  Scope of evidence.-  

(1) In any hearing held on the grounds for revocation under subsection (a) of this section, the Commission may restrict the admission of evidence to the issue whether: 

(i) the alleged conviction in fact occurred; or 

(ii) the alleged revocation in fact occurred. 

(2) Notwithstanding paragraph (1) of this subsection, in any hearing held on the grounds for revocation under subsection (a) of this section, a licensee may present matters in mitigation of the offense charged. 
 

[An. Code 1957, art. 56A, § 4-328; 1989, ch. 3, § 1; 1994, ch. 3, § 13.]