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§ 20-545 Enforcement.
Editor's note: this section has been amended by L.L. 2023/151, 11/17/2023, eff. 5/15/2024 and L.L. 2024/032, 1/20/2024, eff. conditionally. For related unconsolidated provisions, see Appendix A at L.L. 2024/032.
   a.   In addition to any of the powers that may be exercised by the commissioner pursuant to this subchapter or chapter one of this title or any rules promulgated thereunder, the commissioner, after due notice and an opportunity to be heard, may suspend or revoke a license issued pursuant to section 20-541 of this subchapter upon the occurrence of any one or more of the following conditions:
      1.   Fraud, misrepresentation or false statements contained in the application for the license;
      2.   A final determination of liability concerning a violation of any of the provisions of this subchapter;
      3.   A final determination of liability in a civil, criminal or administrative action involving egregious or repeated nonpayment or underpayment of wages or other illegal acts or omissions bearing a direct relationship to the fitness of the applicant to conduct the business for which the license is sought; except that the commissioner shall take into account mitigating factors including (A) the passage of time since such findings of liability or other illegal acts or omissions at issue, (B) the severity of such findings of liability or other illegal acts or omissions, (C) whether any such findings or other illegal acts or omissions were resolved or are still pending, and (D) any change in circumstance that might reduce the likelihood of such findings or other illegal acts or omissions recurring during the period of licensure, including the fact that such findings or other illegal acts or omissions at issue took place prior to the effective date of this subchapter;
      4.   Failure to answer a summons, notice of violation or subpoena, appear for a hearing, or satisfy a fine or civil penalty ordered against such entity in a judicial or administrative proceeding arising out of a violation of this subchapter or any rules promulgated thereunder; or
      5.   Failure to submit records described in section 20-544 for inspection by the department.
   b.   Any individual or business entity operating a car wash without a valid license issued by the commissioner shall be liable for a civil penalty of one hundred dollars per day for every calendar day during which the unlicensed car wash operated.
   c.   An applicant who knowingly submits false information to the commissioner as part of an application for a license pursuant to section 20-541 of this subchapter or in response to any other request for information shall be liable for a civil penalty of up to one thousand dollars in addition to any other civil or criminal penalties that may be applicable under this code or any other law, rule or regulation.
(L.L. 2015/062, 6/29/2015, eff. 12/26/2015)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/062.