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This entry was published on 2014-09-22
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SECTION 71-0209
Convictions; bail forfeitures; failure to appear
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 71, TITLE 2
§ 71-0209. Convictions; bail forfeitures; failure to appear.

1. The trial court or clerk thereof shall certify to the commissioner
the facts of any case involving a violation of any provision of this
chapter, or of any rule, regulation or order adopted pursuant thereto,

(a) within five days of the date of conviction of such violation;

(b) within five days of a forfeiture of bail in such case; or

(c) within ninety days of a failure of the defendant to appear on the
initial date of appearance, or any adjourned date for appearance or
trial.

2. The commissioner may, by regulation, provide for the form and
content of such certification and limit the violations for which
certifications shall be required. Such certifications shall be
presumptive evidence of the facts therein contained and may, in the
discretion of the commissioner, be recorded in the records of the
department. In the event a conviction which has been so recorded is
subsequently reversed, the commissioner, upon receiving due notice
thereof, shall record such fact in such records.

3. Upon the conviction of any person of a violation for which a
certification must be made to the commissioner, pursuant to this
section, the court or clerk shall also enter such conviction on any
license or certificate issued by the department if such entry is
required by the regulations of the commissioner.