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Session Laws, 1970
Volume 695, Page 558   View pdf image
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558                              Laws of Maryland                       Ch. 243

QUIRING THAT NECESSARY CORRECTIVE ACTION BE
TAKEN WITHIN SUCH TIME AS PRESCRIBED IN SUCH
ORDER, AND NO PERSON SHALL BE ENTITLED TO A
HEARING BEFORE THE DEPARTMENT AS A RESULT OF
SUCH ORDER.

NOTICE OF A HEARING OR OF A REQUIREMENT THAT
A WRITTEN REPORT BE FILED SHALL BE SERVED ON
THE ALLEGED VIOLATOR IN ACCORDANCE WITH THE
PROVISIONS OF SUBSECTION (C) OF THIS SECTION NOT
LESS THAN TEN (10) DAYS BEFORE THE TIME SET FOR
THE HEARING OR FOR THE FILING OF A REPORT.

ALL ORDERS ISSUED BY THE DEPARTMENT PURSU-
ANT TO THE PROVISIONS OF THIS SECTION SHALL BE
SERVED ON THE PERSON OR PERSONS AFFECTED
THEREBY IN ACCORDANCE WITH THE PROVISIONS OF
SUBSECTION (C) OF THIS SECTION, AND UPON SERV-
ICE SHALL BECOME IMMEDIATELY EFFECTIVE AC-
CORDING TO THEIR TERMS.

(B) PERSONS AGGRIEVED BY AN ORDER ISSUED
HEREUNDER SHALL NOT HAVE THE RIGHT TO APPEAL
TO THE BOARD OF REVIEW OF THE DEPARTMENT OF
NATURAL RESOURCES AS PROVIDED IN SECTION 237 OF
ARTICLE 41 OF THIS CODE, BUT MAY OBTAIN IMME-
DIATE JUDICIAL REVIEW PURSUANT TO THE PROVI-
SIONS OF SECTIONS 255 AND 256 OF ARTICLE 41 OF
THIS CODE AND THE MARYLAND RULES OF PROCE-
DURE.

(c)    Except as otherwise expressly provided, any notice, order,
or other instrument issued by or under authority of the Department
may be served on any person affected thereby personally or by pub-
lication, and proof of such service may be made in like manner as
in case of service of process in a civil action, such proof to be
filed in the office of the Department; or such service may be made
by mailing a copy of the notice, order, or other instrument by Certi-
fied or Registered mail, directed to the person affected at his last
known post-office address as shown by the files or records of the
Department, and proof thereof may be made by the sworn statement
or affidavit of the person who did the mailing, filed in the office
of the Department.

(d)    A verbatim record of the proceedings of hearings may be
taken when deemed necessary or advisable by the Department. Wit-
nesses who are subpoened
SUBPOENAED shall receive the same fees
and mileage as in civil actions. In case of refusal to obey a notice of
hearing or subpoena issued under this section, any Circuit Court shall
have jurisdiction upon application of the Department, to issue an or-
der requiring such person to appear and testify or produce evidence as
the case may require and any failure to obey such order of the court
may be punished by such court as contempt.

28A.

(a) Any person who shall violate any of the provisions of, or who
fails to perform any duty imposed by, this Subtitle or regulation is-
sued hereunder or who violates any order of the Department made
pursuant to this Subtitle shall be guilty of a misdemeanor, and upon


 

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Session Laws, 1970
Volume 695, Page 558   View pdf image
 Jump to  
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