3546

EXECUTIVE ORDERS

subsection (c), the Department OF HEALTH AND MENTAL HYGIENE
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 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 OF HEALTH AND MENTAL HYGIENE at a time
and place the 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 at a time and place the Department OF
HEALTH AND MENTAL HYGIENE specifies to answer the charges
outlined in the complaint.

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.