Md. Code Regs. 34.04.03.15

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

Section 34.04.03.15 - Permit Violations

A. Suspension of Permit.

(1) The Trust may suspend operations under a permit at any time for just cause if there is reason to believe that the terms and provisions of a permit or other applicable law or regulation are being violated.

(2) The suspension may become effective immediately if the Director or the State Underwater Archeologist:

(a) Makes the determination referred to in §A(1) of this regulation;

(b) Finds that the public health, safety, or welfare imperatively requires emergency action; and

(c) Promptly follows the same procedures for notice to the permittee and an opportunity to be heard as described in §C of this regulation pertaining to revocation of permits.

(3) If the emergency circumstances in §A(2) of this regulation do not exist, the suspension may not be undertaken unless the Director:

(a) Makes the determination referred to in §A(1) of this regulation; and

(b) First implements the procedures for notice to the permittee and an opportunity for a hearing with the Director in accordance with the general procedures described in §C of this regulation pertaining to revocation of permits.

(4) Upon conclusion of the hearing, the Director shall issue a written determination recommending either that the permit be restored or that the permit be revoked. If the Director recommends revocation of the permit, then the permit shall remain suspended until the matter is resolved under §§B and C of this regulation.

B. Revocation of Permit. Subject to the provisions of §C of this regulation, the Director may revoke a permit for any of the following reasons:

(1) Failure to begin activity under the terms of the permit within the first ? of the term of the permit;

(2) Failure to work diligently toward completion of the permitted activity after it has been started, or failure to maintain a presence on the site if weather permits;

(3) Failure to comply with any of the provisions of the permit;

(4) Violation of the Act, these regulations, or any other pertinent law or regulation; or

(5) Improper issuance of a permit, for example, issuance based upon incorrect information, mistaken belief, or clerical error, or any other just cause as indicated by these regulations.

C. Procedure for Revocation.

(1) The Director shall serve upon the permittee a notice of intent to revoke a permit with a brief statement of the reason or reasons alleged. The notice may be:

(a) Sent to the permittee by registered mail, return receipt requested; or

(b) Made through any other manner that accomplishes actual notice to the permittee.

(2) The notice of intent to revoke shall provide that the permittee may request a hearing within 7 days of receiving the notice by filing a request for a hearing with the Secretary in accordance with COMAR 05.01.01.

(3) Hearings shall be conducted, and a final decision shall be issued, in accordance with the provisions of COMAR 05.01.01 for the hearing of contested cases.

(4) Nothing in these regulations may be construed as preventing the Trust from seeking any appropriate form of judicial relief against a permittee.

D. Violations.

(1) Apprehension. Any of the authorities referred to in Regulation .08N of this chapter may issue summonses to apprehend or cause to be arrested any person suspected of being in violation of a permit, the Act, or these regulations.

(2) Right to Artifacts and Data. Notwithstanding any disposition agreement entered into under Regulation .12 of this chapter, the Director or anyone authorized by the Director may appropriate any artifacts and data that have been collected or recovered as a result of a violation referred to in §D(1) of this regulation. The appropriated materials shall be managed, cared for, and administered by the Trust.

(3) If the Director's exercise of powers under §D(1) and (2) of this regulation gives rise to a contested case as defined in State Government Article, § 10-201(c), Annotated Code of Maryland, the affected persons or permittees shall be afforded an opportunity for a hearing with the Secretary in accordance with COMAR 05.01.01.

E. Penalties.

(1) A person or entity who violates the Act or these regulations is guilty of a misdemeanor and upon conviction is subject to a fine not to exceed $1,000 or imprisonment for a term not to exceed 30 days, or both, with costs imposed at the discretion of the court, and, if the person or entity holds a permit issued under these regulations, the permit may be revoked by the court upon request by the Director.

(2) A person or entity who violates the terms of a permit issued under these regulations to a commercial applicant is guilty of a misdemeanor and upon conviction is subject to a fine not to exceed $10,000 or imprisonment for a term not to exceed 1 year, or both, with costs imposed at the discretion of the court, and the permit may be revoked by the court upon request by the Director.

(3) A separate offense exists for each day a violation described in this section continues.

Md. Code Regs. 34.04.03.15