Maryland Code, NATURAL RESOURCES 4-220
Terms Used In Maryland Code, NATURAL RESOURCES 4-220
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(b) The Secretary may adopt regulations that list the criteria for a suspension of a person’s entitlement to engage in an activity or activities that are licensed or permitted under this title.
(c) (1) During a period of suspension imposed by the Department, the person whose entitlement to engage in an activity or activities has been suspended may not engage in an activity for which the suspension was imposed.
(2) The following are grounds for an immediate suspension of a license issued under this title:
(i) Knowingly making a false statement in an application;
(ii) Three convictions for violations occurring on separate days within any 3-year period of provisions under this title;
(iii) Failure to submit a report required under this title or by regulation; or
(iv) Failure of a nonresident of the State to appear in court in accordance with a citation issued by a Natural Resources police officer, or to any other process issued by any court of Maryland, for violation of this title.
(3) A penalty imposed in accordance with this section is in addition to any other penalty authorized under § 4-1201 of this title regarding striped bass.
(4) The Department shall initiate any proceeding to suspend a license under this section not later than 6 months after the time for filing an appeal of the third conviction under paragraph (2)(ii) of this subsection has passed.
(5) (i) Before the suspension of a license under this section, the Department shall notify the licensee in writing of the licensee’s right to a hearing on request.
(ii) If a licensee submits a written request for a hearing to the Department within 30 days after the date that the notice required under this paragraph is mailed, the Department shall:
1. Hold a hearing after providing at least 10 days’ notice to the licensee; and
2. Conduct the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(iii) The Department may suspend a recreational license issued under this title without a hearing if:
1. The licensee does not submit a written request for a hearing; or
2. The licensee fails to appear for a scheduled hearing for which the Department provided notice.