1314

LAWS OF MARYLAND

Ch. 393

(I)  MAKE APPROPRIATE APPLICATION TO THE
DEPARTMENT ON THE TERMS AND CONDITIONS THAT ARE ADOPTED BY
THE DEPARTMENT;

(II)  SHOW THAT THE APPLICANT MEETS OR
EXCEEDS THE MINIMUM STANDARDS AND QUALIFICATIONS ADOPTED BY
THE DEPARTMENT UNDER THIS SECTION FOR WATER QUALITY
LABORATORIES IN THIS STATE; AND

(III)  PAY A REASONABLE APPLICATION FEE SET
BY THE DEPARTMENT.

(3) A WATER QUALITY LABORATORY FROM ANOTHER
STATE MAY RENEW ITS CERTIFICATION ACCORDING TO THE
PROVISIONS OF SUBSECTION (F) OF THIS SECTION.

(I) SUBJECT TO THE HEARING PROVISIONS OF SUBSECTION
(J) OF THIS SECTION THE SECRETARY MAY REPRIMAND OR REVOKE OR
SUSPEND THE CERTIFICATION OF ANY WATER QUALITY LABORATORY
WHICH:

(1)  FRAUDULENTLY OR DECEPTIVELY OBTAINS OR
ATTEMPTS TO OBTAIN A CERTIFICATION;

(2)  FRAUDULENTLY OR DECEPTIVELY USES A
CERTIFICATION; OR

(3)  OTHERWISE FAILS TO MEET SUBSTANTIALLY THE
STANDARDS AND QUALIFICATIONS ADOPTED BY THE DEPARTMENT UNDER
SUBSECTION (B) OF THIS SECTION.

(J) (1) BEFORE THE SECRETARY TAKES ANY ACTION UNDER
SUBSECTION (I) OF THIS SECTION, HE SHALL GIVE THE WATER
QUALITY LABORATORY AGAINST WHICH THE ACTION IS CONTEMPLATED:

(I)  WRITTEN NOTICE OF THE CHARGES FILED
AGAINST THEM; AND

(II)  AN OPPORTUNITY FOR A HEARING BEFORE
THE SECRETARY.

(2) THE NOTICE AND HEARING REQUIRED BY THIS
SUBSECTION SHALL MEET THE REQUIREMENTS OF THE ADMINISTRATIVE
PROCEDURE ACT.

(K) (1) ANY PERSON AGGRIEVED BY A FINAL DECISION OF
THE SECRETARY IN A CONTESTED CASE MAY TAKE A DIRECT JUDICIAL
APPEAL.

(2) THE APPEAL SHALL BE MADE AS PROVIDED FOR
JUDICIAL REVIEW OF FINAL DECISIONS IN THE ADMINISTRATIVE
PROCEDURE ACT.

(L) (1) A PERSON MAY NOT ATTEMPT TO OPERATE OR OPERATE
AS A WATER QUALITY LABORATORY IN THIS STATE UNLESS CERTIFIED
BY THE DEPARTMENT.