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Session Laws, 1981
Volume 741, Page 43   View pdf image
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HARRY HUGHES, Governor

43

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 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
specifies to answer the charges outlined in the complaint.

If either department 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 either department 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.

8-1415.

(b) Upon a showing by the Attorney General in behalf
of the Department of Health and Mental Hygiene or, for
purposes of § 8-1406 through [§ 1411.1] § 8-1411.1 of this
subtitle, the Department of Natural Resources, that any
person is violating or is about to violate the provisions of
this subtitle or is violating or is about to violate any
valid order or permit issued by that department, an
injunction shall be granted without the necessity of showing
a lack of adequate remedy at law. In circumstances of
emergency creating conditions of imminent danger to the

 

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Session Laws, 1981
Volume 741, Page 43   View pdf image
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