Marvin Mandel, Governor                            563

the manner and extent in and to which such person is said to violate
the same. Such notice shall order that the matters of complaint be
corrected within a period of time specified therein.

(b)  Service and Hearings.—The notices and corrective orders is-
sued pursuant hereto shall be served as summonses are served or
by certified mail. Where such notice orders that corrective action
shall be taken within a period of time specified in such notice, such
orders shall be final unless the person upon whom it is served
shall request a hearing before the Department within 10 days after
service. Whenever a hearing shall have been requested, it shall be
held by the Secretary or his designee within 20 days after such
request and the person requesting the hearing shall at least 10 days
prior thereto, be given written notice of the date, time and place
of such hearing. Whenever the notice of violation shall order the
person upon whom it is served to appear and show cause why cor-
rective action should not be taken within a period of time, such
notice shall set forth the date, time and place of such hearing and
shall be served not less than 20 days before the time set for the
hearing.

(c)  Rights of person prior to hearing. PERSON PRIOR TO
HEARING.—Prior to the hearing the person complained against
shall be given, if requested, an opportunity to examine all docu-
ments, paper, and technical and analytical reports regarding the
nature of the alleged offense. At the hearing, such person may be
represented by counsel and produce evidence in his behalf in answer
to the aforesaid charges. On the basis of the evidence produced at
the hearing, the Secretary or the designated hearing officer may
grant an exception from such rule or regulation upon such condi-
tions as the Secretary or hearing officer may determine, or may
enter a special order or orders directing such person to secure,
within such time as the Department may specify, such operating
results as are necessary in order to comply with such rule or regu-
lation and the Secretary or hearing officer shall thereupon enter
such order and shall promptly give written notice, either by service
as summonses are served or by certified mail, to the person or
persons affected by such order.

Any person aggrieved by the decision of the Secretary or desig-
nated hearing officer shall not have the right to appeal said decision
to the Board of Review of the Department of Health and Mental
Hygiene. However, any person aggrieved by a decision of the Secre-
tary or hearing officer shall have the right to have said decision
reviewed in accordance with the provisions of the Administrative
Procedures 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 Secretary or hearing officer. Any request to a court, for a stay
of the Secretary SECRETARY'S or hearing officer's order, having
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 that the failure to stay
said order will cause irreputable IRREPARABLE harm or damage
to the person appealing said order.