Section 21-311 - Denial of application for license; subsequent issuance of license; hearings and judicial review.

§ 21-311. Denial of application for license; subsequent issuance of license; hearings and judicial review.
 

(a)  Grounds for denial.- The Department may deny an application for a food establishment license issued under this subtitle if the Department finds that the applicant: 

(1) Does not meet the requirements of this subtitle or any rules or regulations adopted under this subtitle; or 

(2) Fraudulently or deceptively attempts to obtain a license. 

(b)  Notice of denial.- Within 30 days of receipt of the completed application, the Department shall notify the applicant in writing: 

(1) That the application has been denied; 

(2) The specific reasons for the denial of the application; and 

(3) If any, the actions that must be taken by the applicant to qualify for a license. 

(c)  Subsequent issuance of license.- After a notice of denial is issued, the Department may issue a license to an applicant if the applicant: 

(1) Takes all actions specified in the notice of denial; and 

(2) Meets the requirements of this subtitle and all rules and regulations adopted under this subtitle. 

(d)  Hearings and judicial review.- An applicant who is denied a license is entitled to: 

(1) A hearing before the Secretary under § 21-316 of this subtitle; and 

(2) Judicial review under § 21-317 of this subtitle. 
 

[1987, ch. 297; ch. 306, § 15; 1988, ch. 6, §§ 1, 11.]