HARRY HUGHES, Governor
2849
(g) The Department of [Health and Mental Hygiene]
NATURAL RESOURCES shall prepare and submit an annual report
to the General Assembly summarizing information on used oil
collection and recycling, analyzing the effectiveness of the
act's provisions and their implementation, and making
recommendations for any necessary changes in the provisions
or their administration.
8-1412.
(a) Whenever the Department of Health and Mental
Hygiene OR, FOR THE PURPOSES OF § 8-1406 THROUGH § 1411.1 OF
THIS SUBTITLE, THE DEPARTMENT OF NATURAL RESOURCES, OR
EITHER DEPARTMENT WITH RESPECT TO SEDIMENT POLLUTION
believes a violation of any provision of this subtitle or
any rule or regulation has occurred, it shall cause a
written complaint to be served upon the alleged violator.
The complaint shall specify the provision of law or rule or
regulation allegedly violated and the alleged fact that
constitutes the violation. Subsequent to or concurrent with
service of the complaint as provided in subsection (c), [the
Department of Health and Mental Hygiene] EITHER DEPARTMENT
may exercise one of the following options:
(1) Issue an order requiring necessary
corrective action be taken within the time prescribed in its
order. Any person named in the order may request in writing
a hearing before the Department DEPARTMENT not later than
ten days after the date the order is served, in which case a
hearing shall be scheduled within ten days from receipt of
the request. A decision shall be rendered within ten days
from the date of the hearing.
(2) Require the alleged violator to file a
written report regarding the alleged violation.
(3) Require the alleged violator to appear
before the Department DEPARTMENT [of Health and Mental
Hygiene] at a time and place the Department DEPARTMENT
specifies to answer the charge outlined in the complaint.
(4) Require the alleged violator to file a
written report regarding the alleged violation and appear
before the Department DEPARTMENT at a time and place the
Department DEPARTMENT [of Health and Mental Hygiene]
specifies to answer the charges outlined in the complaint.
If [the] EITHER Department 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 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 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
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