(a) In addition to any other penalty provided by law, if a licensee under this Chapter commits or has committed any combination of three or more violations within any 24-month period of Sections 3-42-020, 3-42-025, 3-42-060, 3-42-100, 4-64-340, 4-64-345, 4-64-350, 4-64-355(b), 4-64-355(c), 4-64-360, 4-64-400(1), 4-64-500(1), 4-64-500(3), 4-64-500(4)(i), 4-64-510(3), 4-64-515, 4-64-710, 4-64-810, 4-64-820 and 4-64-830, the licensee shall be subject to nonrenewal of the license. If a person commits two or more violations within any 48-month period of Section 4-64-350, the licensee shall be subject to nonrenewal of the license. The Commissioner may decline to renew such license, subject to the procedure described in subsection (b) of this section. For purposes of this section, multiple offenses occurring on the same date shall be deemed a single violation, while offenses occurring on separate dates shall be deemed separate violations, and "violation" means any final disposition against the licensee on a charge brought pursuant to one of the Code provisions listed above, including but not limited to any finding of liability after adjudication on the merits of the charge, any default finding of liability, any uncontested finding of liability, any negotiated pre-hearing settlement of the charge, and any voluntary payment of the fine corresponding to the charge.
(b) In the event of a nonrenewal decision pursuant to subsection (a) of this section, the Commissioner shall notify the licensee in writing of the basis for that decision. The Commissioner shall send such notice to the licensee no later than 45 days before the date the license is scheduled to expire. Within 10 days after such notice is mailed, the licensee may make a written request to the Commissioner for a hearing. A notice of hearing shall be mailed within 10 days of receipt of the request for hearing, providing at least 5 days’ notice before the hearing date. The hearing shall be limited to the issue of whether the licensee’s record accurately reflects the existence of a sufficient number of violations to support nonrenewal. The licensee shall not be permitted to challenge the violations themselves, nor any underlying facts asserted or determined therein. The Commissioner shall issue a ruling in a timely manner following the hearing, which shall constitute a final determination for purposes of judicial review. If the Commissioner does not provide notice of nonrenewal at least 45 days prior to the date the license is scheduled to expire, and has not issued a ruling by that date, the expiration of the license shall be stayed pending the ruling.
(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 4-18-18, p. 76348, § 21; Amend Coun. J. 6-25-21, p. 31925, Art. IX, § 5)