10.17.01.10

.10 Suspension or Revocation of an Operating Permit.

A. Suspension.

(1) The Secretary may:

(a) Suspend an operating permit if an owner or operator violates a requirement of this chapter; and

(b) Summarily suspend an operating permit and close a public pool or spa when protection of the public health, safety, or welfare imperatively requires emergency action.

(2) The Secretary may summarily suspend an operating permit pursuant to §A(1)(b) of this regulation for any of the following:

(a) Residual disinfection levels in violation of Regulation .44 of this chapter;

(b) Sanitary water quality in violation of Regulation .48 of this chapter;

(c) Water pH in violation of Regulation .45A(1) of this chapter;

(d) Water clarity in violation of Regulation .45A(7) of this chapter;

(e) A malfunctioning or nonworking recirculation or disinfection system;

(f) A condition that may endanger the health and safety of an individual using a pool or spa, for example, a missing drain cover or other suction outlet entrapment hazard; and

(g) A lifeguard has not been provided as required in Regulation .40 of this chapter.

B. Revocation. The Secretary may revoke a permit upon a repeated violation of a requirement of this chapter.

C. Hearing.

(1) In the case of the summary suspension of a permit pursuant to §A(1)(b) of this regulation, the Secretary shall provide a person with written notice of the violation and an opportunity for a hearing pursuant to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

(2) In the case of a permit suspension pursuant to §A(1)(a) of this regulation or a permit revocation pursuant to §B of this regulation, before taking action against a person, the Secretary shall provide written notice of the facts that warrant the suspension or revocation and an opportunity for a hearing before suspending or revoking the permit.

(3) To preserve a right to a hearing, a person shall contact the Secretary within 30 days of the receipt of the notice.