Md. Code Regs. 11.07.03.23

Current through Register Vol. 51, No. 22, November 1, 2024

Section 11.07.03.23 - Warning, Suspension, and Revocation

A. The Chief of Police or the Chief's designee may warn a permittee, or suspend or revoke a permit in accordance with this regulation when:

(1) The Authority receives a complaint from a member of the public or the police regarding the permittee, and the police determine there is a valid basis for the complaint following an investigation;

(2) The permittee violates any of these regulations; or

(3) The permittee violates any other law that may affect the permittee's ability to adequately perform under these regulations.

B. Letter of Warning.

(1) The Chief of Police or the Chief's designee shall issue a letter of warning to a permittee via certified mail upon verification of a complaint for the first time, or, upon the permittee's first violation of any of these regulations.

(2) The letter of warning shall:

(a) State the substance of the complaint or the law or regulation violated; and

(b) Give the permittee an opportunity to explain the complaint or the violation of a regulation within 10 calendar days of the date of receipt of the letter of warning.

(3) If the permittee provides an explanation acceptable to the Chief of Police or the Chief's designee, the Chief of Police or the Chief's designee may take no further action regarding the complaint or the violation of a regulation.

(4) If the permittee does not provide an explanation that is acceptable to the Chief of Police or the Chief's designee, the letter of warning and related documentation shall become a part of the permittee's records maintained by the Authority.

C. Suspension of Permit.

(1) The Chief of Police or the Chief's designee shall suspend a permit upon the verification of a second complaint or upon the permittee's second violation of any of these regulations.

(2) A notice of proposed suspension shall be forwarded to the permittee via certified mail and shall state the substance of the complaint or the law or regulation violated.

(3) Opportunity for Explanation by Permittee.

(a) The notice of proposed suspension shall give the permittee an opportunity to explain the complaint or the violation of the law or regulation within 10 calendar days of the date of receipt of the notice of proposed suspension.

(b) The permittee may provide evidence to support its explanation. A permittee's failure to give an explanation shall be cause to sustain the notice of proposed suspension.

(c) The Chief of Police or the Chief's designee may accept or reject the permittee's explanation.

(4) The period of a second suspension shall be at least 30 days, but not more than 60 days, as may be determined by the Chief of Police or the Chief's designee. The Chief of Police or the Chief's designee shall forward to the permittee via certified mail a written notice of the suspension that identifies the period of suspension.

(5) The notice of suspension and related documentation shall become a part of the permittee's records maintained by the Authority.

D. Revocation of Permit.

(1) The Chief of Police or the Chief's designee shall revoke a permit:

(a) Upon the verification of a third complaint;

(b) Upon the permittee's third violation of any of these regulations; or

(c) Upon verification of any single violation of the law or these regulations, if the violation is sufficiently egregious to undermine confidence in the permittee's ability to adequately perform under the requirements of the permit.

(2) A notice of proposed revocation shall be forwarded to the permittee via certified mail and shall state the:

(a) Substance of the complaint, regulation, or law violated; and

(b) Any prior complaints or regulations violated.

(3) Opportunity for Explanation by Permittee.

(a) The notice of proposed revocation shall give the permittee an opportunity to explain the complaint or the violation of law or regulation within 20 calendar days of the receipt of the notice of proposed revocation.

(b) The permittee may provide evidence to support its explanation. A permittee's failure to give an explanation shall be cause to sustain the notice of proposed revocation.

(c) The Chief of Police or the Chief's designee may accept or reject the permittee's explanation.

(4) Upon revocation of a permit, the Chief of Police or the Chief's designee shall forward a written notice of revocation via certified mail to the permittee.

(5) Upon revocation of a permit, a permittee may not apply for another permit from the Authority for 1 year.

Md. Code Regs. 11.07.03.23