2850

LAWS OF MARYLAND

Ch. 815

the Code. If the Department 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 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 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]
EITHER Department 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)  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 OR THE
DEPARTMENT OF NATURAL RESOURCES, but may obtain immediate
judicial review under the provisions of Article 41, §§ 255
and 256 and the Maryland Rules of Procedure.

(c)  Except as otherwise provided, any notice, order,
or other instrument issued by or under authority of the
Department of Health and Mental Hygiene OR THE DEPARTMENT OF
NATURAL RESOURCES 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
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 APPROPRIATE Department
DEPARTMENT [of Health and Mental Hygiene].

(d)  A verbatim record of the proceedings of hearings
may be taken when necessary or advisable by the APPROPRIATE
Department DEPARTMENT [of Health and Mental Hygiene]. A
subpoenaed witness shall receive the same fees and mileage
as in any civil action. If a witness refuses to obey a
notice of hearing or subpoena issued under this section, any
circuit court, upon the application of the APPROPRIATE
Department DEPARTMENT [of Health and Mental Hygiene!, may
issue an order requiring the person to appear, testify, or
produce evidence as required. The failure to obey a court
order may be punished by the court as contempt.

8-1414.

If a violation of any provision of this subtitle has
occurred and the existence of the violation has been finally