110

LAWS OF MARYLAND

Ch. 27

If the Department OF HEALTH AND MENTAL HYGIENE
exercises the option provided by paragraph (2), the alleged
violator may request in writing a hearing before the
Department not later than ten days after the date that
notice of the requirement of the written report is served.
The appearance of the alleged violator before the Department
under the options provided by paragraph (3) or (4)
constitutes an administrative hearing, and the party has the
right of any party in a contested case provided in §§ 251
and 252 of Article 41 of the Code. If the Department
exercises the option provided by paragraphs (2), (3), or
(4), it may not issue an order requiring corrective action
to be taken as a result of the alleged violation before
expiration of the time set for filing any report and holding
any hearing required under these paragraphs. Thereafter, the
Department may issue an order requiring necessary corrective
action be taken within the time prescribed in the order. A
person is not entitled to a hearing before the Department as
a result of this 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) not less than ten days before the time set
for the hearing or filing of a report. Every order the
Department OF HEALTH AND MENTAL HYGIENE issues under the
provisions of this section shall be served on the person
affected in accordance with the provisions of subsection
(c). The order shall become effective immediately according
to its terms upon service.

(b)  Judicial review of departmental order. — A person
aggrieved by an order or permit issued does not have the
right to appeal to the board of review OF THE DEPARTMENT OF
HEALTH AND MENTAL HYGIENE [as provided in Title 1 of this
article], but may obtain immediate judicial review under the
provisions of Article 41, §§ 255 and 256 and the Maryland
Rules of Procedure.

(c)  Manner of service of notices, orders, etc.
Except as otherwise provided, any notice, order, or other
instrument issued by or under authority of the Department OF
HEALTH AND MENTAL HYGIENE may be served personally or by
publication on any person affected. Service may be made by
mailing a copy of the notice, order, or other instrument by
certified or registered mail to the person affected at his
last known post-office address as shown by the Department's
files or records. Proof of service may be made by the sworn
statement or affidavit of the person who mailed the notice,
order, or other instrument. The sworn statement or affidavit
shall be filed with the Department OF HEALTH AND MENTAL
HYGIENE.

(d)  Record of hearings; witnesses' fees and mileage;
court order requiring appearance, etc., at hearing. — A
verbatim record of the proceedings of hearings may be taken
when necessary or advisable by the Department OF HEALTH AND
MENTAL HYGIENE. A subpoenaed witness shall receive the same
fees and mileage as in any civil action. If a witness