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Session Laws, 1978
Volume 736, Page 2590   View pdf image
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2590

LAWS OF MARYLAND

Ch. 884

REVIEW OF THE AGENCY'S ACTION HAS EXPIRED WITHOUT BEING
EXTENDED BY A REVIEWING COURT. FOR THE PURPOSES OF THIS
SUBSECTION, TIMELY APPLICATION FOR RENEWAL IS NO LESS THAN
TWO CALENDAR SEEKS PRIOR TO THE EXPIRATION OF THE LICENSE
BEING REVIEWED.

(C) AN AGENCY OFFICIAL OR EMPLOYEE MAY NOT REVOKE,
SUSPEND, ANNUL, OR WITHDRAW ANY LICENSE PRIOR TO GIVING THE
LICENSEE WRITTEN NOTICE OF FACTS WHICH WARRANT SUCH ACTION
AND AN OPPORTUNITY TO BE HEARD; EXCEPT THAT UPON A FINDING
THAT PUBLIC HEALTH, SAFETY, OR WELFARE IMPERATIVELY REQUIRES
EMERGENCY ACTION, AN AGENCY OFFICIAL OR EMPLOYEE MAY, BY
MEANS OF A WRITTEN ORDER WHICH SETS FORTH THAT FINDING AND
THE REASONS THEREFOR, SUMMARILY SUSPEND A LICENSE PENDING
PROMPT NOTICE AND A HEARING ON THE SUSPENSION.

251.

[In any contested case, all parties shall be afforded
an opportunity for hearing after reasonable notice. The
notice shall state the time, place and issues involved, but
if, by reason of the nature of the proceeding, the issues
cannot be fully stated in advance of the hearing, or if
subsequent amendment of the issues is necessary, they shall
be fully stated as soon as practicable, and opportunity
shall to afforded all parties to present evidence and
argument with respect thereto. The agency shall prepare an
official record, which shall include testimony and exhibits,
in each contested case, but it shall not be necessary to
transcribe shorthand notes unless requested for purposes of
rehearing or court review. Informal disposition may also
be made of any contested case by stipulation, agreed
settlement, consent order, or default. Each agency shall
adopt appropriate rules of procedure for notice and hearing
in contested cases.]

(A)    IN A CONTESTED CASE, ALL PARTIES SHALL BE
AFFORDED AS OPPORTUNITY FOR HEARING AFTER REASONABLE NOTICE.
PUBLICATION IN THE MARYLAND REGISTER PURSUANT TO SECTION
256P OF THIS ARTICLE MAY NOT CONSTITUTE REASONABLE NOTICE TO
A PARTY.

(B)    THE NOTICE SHALL INCLUDE:

(1)    A STATEMENT OF THE TIME, PLACE, AND NATURE
OF THE HEARING;

(2)    A STATEMENT OF THE LEGAL AUTHORITY AND
JURISDICTION UNDER WHICH THE HEARING IS TO BE HELD;

(3)    A REFERENCE TO THE PARTICULAR SECTIONS OF
THE STATUTES AND RULES, INCLUDING RULES OF PROCEDURE,
INVOLVED; AND

(4)    A SHORT AND PLAIN SIMPLE STATEMENT OF THE
MATTERS ASSERTED. IF THE AGENCY OR OTHER PARTY IS UNABLE TO
STATE THE MATTERS IN DETAIL AT THE TIME THE NOTICE IS
SERVED, THE INITIAL NOTICE MAY BE LIMITED TO A STATEMENT OF

 

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Session Laws, 1978
Volume 736, Page 2590   View pdf image
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