556                                 Laws of Maryland                         Ch. 243

(b) Prior to establishing, amending, or repealing water quality
or effluent standards the Department shall, after due notice, conduct
public hearings thereon. Notice of public hearings shall specify the
waters for which standards are sought to be adopted, amended, or
repealed and the time, date, and place of the hearing.

28.

    (a) Whenever the Department has reason to believe that a

violation of any provision of this Subtitle or of any regulation or

order of the Department has occurred, it shall cause a written com-

plaint to be served upon the alleged violator or violators. The com-

plaint shall specify the provisions of law, regulation or order alleged

to be violated, the facts alleged to constitute a violation thereof,

and may order that necessary corrective action be taken within

the time prescribed in such order. Said order contained in the com-

plaint shall become final on the date specified therein unless the per-

son or persons named therein request in writing a hearing be-

fore the Department no later than ten (10) days after the date

such order is served. If a hearing before the Department is re-

quested as hereinbefore specified, the Department shall hold said

hearing no later than thirty (30) days from the date it receives

said request. The Department shall render its decision accompanied

by an appropriate order within ten (10) days from the date of the

hearing. Said decision and order shall be final and must be com-

plied with in accordance with the time as specified therein. Any

person aggrieved by the aforementioned decision or order shall not

have the right to appeal said decision to the board of review of
the Department of Natural Resources as provided in Article 41, Sec-
tion 237 of this code. However, any person aggrieved by a decision

of the Department shall have the right to have said decision re-

viewed in accordance with the provisions of the Administrative Pro-
cedures Act and the Maryland Rules of Procedure.

An appeal under the provisions of the Maryland Administrative

Procedures Act shall not operate as a stay of the order issued by
the Department. Any request to a court for a stay of the Depart-

ment's order pending judicial review shall be applied for and acted

upon as prescribed in the Maryland Rules of Procedure. However,

no court shall issue such a stay unless the court shall find both that
the person appealing said order is likely to prevail in such appeal and
upon as prescribed in the Maryland Rules of Procedure. However,
damage to the person appealing said order.

(b) The Department, prior to the aforementioned hearing, may
require that the alleged violator file a written report regarding the al-
leged violation.

(A) WHENEVER THE DEPARTMENT HAS REASON TO
BELIEVE THAT A VIOLATION OF ANY PROVISION OF
THIS SUBTITLE OR OF ANY REGULATION OF THE DE-
PARTMENT HAS OCCURRED, IT SHALL CAUSE A WRIT-
TEN COMPLAINT TO BE SERVED UPON THE ALLEGED
VIOLATOR OR VIOLATORS. THE COMPLAINT SHALL SPE-
CIFY THE PROVISION OF LAW OR REGULATION AL-
LEGED TO BE VIOLATED, AND THE FACTS ALLEGED
TO CONSTITUTE A VIOLATION THEREOF.