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§ 558. Imposition of sanctions;
determination of applications for licenses; suspension, revocation,
and expiration of licenses
(a)
This section applies, according to the provisions thereof, to the
exercise of a power or authority.
(b)
A sanction may not be imposed or a substantive rule or order issued
except within jurisdiction delegated to the agency and as authorized
by law.
(c) When application is made for a license required by law,
the agency, with due regard for the rights and privileges of all the
interested parties or adversely affected persons and within a
reasonable time, shall set and complete proceedings required to be
conducted in accordance with
sections 556 and
557 of this title or other proceedings required by law and shall
make its decision. Except in cases of willfulness or those in which
public health, interest, or safety requires otherwise, the
withdrawal, suspension, revocation, or annulment of a license is
lawful only if, before the institution of agency proceedings
therefore, the licensee has been given--
(1)
notice by the agency in writing of the facts or conduct which may
warrant the action; and
(2)
opportunity to demonstrate or achieve compliance with all lawful
requirements.
When the licensee has made timely and sufficient application for a
renewal or a new license in accordance with agency rules, a license
with reference to an activity of a continuing nature does not expire
until the application has been finally determined by the agency. |