.08 Denial of a License.

A. If the Director recommends the denial of a license, the Director shall promptly provide the applicant with written notice of the:

(1) Basis for the recommended denial; and

(2) Applicant’s right to request a reconsideration meeting with the Director or the Director’s designee.

B. An applicant may submit to the Director a written request for a reconsideration meeting within 15 days of the date of the notice described in §A of this regulation.

C. If an applicant fails to timely submit a written request for a reconsideration meeting, the Commission may adopt as final the recommendation of the Director.

D. During a reconsideration meeting, an applicant may:

(1) Be represented by counsel; and

(2) Present evidence as to why the license should be granted;

E. If after the reconsideration meeting the applicant is dissatisfied with the recommendation of the Director or the Director’s designee, the applicant may submit to the Commission, in writing:

(1) A request for a hearing before the Commission to appeal the recommended denial of the license; and

(2) The applicant’s legal and factual basis for disagreeing with the recommended denial of the license.

F. An applicant must submit a hearing request to the Commission within 15 days of the date of the recommendation of the Director or the Director’s designee after the reconsideration meeting.

G. If an applicant fails to submit a hearing request that complies with §§E and F of this regulation, the Commission may adopt as final the recommendation of the Director or the Director’s designee to deny the license.

H. A timely written hearing request shall be the subject of a Commission hearing conducted pursuant to COMAR 36.01.02.06.

I. Judicial Review. The Commission’s final action on a license denial is subject to judicial review as provided in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

J. Limitation on Reapplication. An applicant may not submit an application or be included in the application of another person for 1 year after the later of:

(1) The final action on the denial of a license; or

(2) If judicial review of the final action on a license denial is taken, the date an adverse decision is entered against the retailer by the highest court to which an appeal is taken.