§ 22-14. Denial, revocation, suspension, refusal to renew.

(a) "Unfair … practice" defined; nolo plea.

(1) In this section, "unfair or deceptive trade practice" means any false or misleading oral or written statement or representation of any kind that has the capacity, tendency, or effect of deceiving or misleading consumers, including any omission of material fact that would tend to mislead a consumer.

(2) For purposes of this section, a plea of nolo contendere is the equivalent of a conviction or a guilty plea.

(b) Grounds for sanctions.

The Board is authorized to deny, suspend, revoke, or refuse to renew any license under this subtitle if:

(1) the applicant or licensee furnished or made misleading or false statements on reports, certifications, or written documents that are required by this subtitle or that are otherwise submitted or caused by the applicant or licensee to be submitted to the Board;

(2) during the preceding 3 years, a court of competent jurisdiction has found an applicant for a license or a licensee guilty of criminal activity directly relating to the operation of the business of towing;

(3) a court of competent jurisdiction has found a tow truck operator guilty of a criminal act that was authorized by the licensee;

(4) a motor vehicle has been towed by a towing service without the consent of the owner or operator of the motor vehicle, without the direction of the Police Department, or without complying with local, state, or federal law;

(5) a tow truck operator has failed to comply with any law regulating the towing of motor vehicles;

(6) the licensee has failed to make available for inspection by the Board or the Police Department the daily towing log required by § 22-10(d) of this subtitle;

(7) the licensee has failed to allow the Police Department reasonable access to inspect any motor vehicle listed in the licensee's records that is stored upon the storage facility of the towing service;

(8) within a 6-month period, the Board has received 5 or more individual complaints of unfair or deceptive trade practices against a given applicant or licensee; or

(9) the applicant or licensee has failed to comply with or has violated the provisions of this subtitle, the rules or regulations adopted under this subtitle, or any applicable federal, state, or local law or rule.

(c) Term of sanction.

(1) The Board may deny, suspend, revoke, or refuse any license issued under this subtitle for a period of time determined by the Board to be just and reasonable in relation to the severity of the violation found to exist under subsection (b) of this section.

(2) If a license has been denied, revoked, or not renewed, the applicant shall not be eligible to apply for another license for a period of 12 months after the date on which the Board rendered a denial, revocation, or refusal to renew decision.