1820

LAWS OF MARYLAND

Ch. 240

(1)  AS A SUMMONS IS SERVED UNDER THE MARYLAND
RULES OF PROCEDURE; OR

(2)  BY CERTIFIED MAIL.

(C)  FINAL ORDER; REQUEST FOR HEARING.

UNLESS THE PERSON CHARGED WITH A CORRECTIVE ORDER
REQUESTS A HEARING WITHIN 10 DAYS AFTER SERVICE, THE
CORRECTIVE ORDER BECOMES A FINAL ORDER.

(D)  HEARING.

IF THE PERSON CHARGED WITH A CORRECTIVE ORDER MAKES A
TIMELY REQUEST FOR A HEARING UNDER SUBSECTION (C) ' OF THIS
SECTION, THE SECRETARY SHALL:

(1)  HOLD A HEARING WITHIN 20 DAYS AFTER THE
REQUEST IS MADE; AND

(2)  GIVE THE PERSON WRITTEN NOTICE OF THE DATE,
TIME, AND PLACE OF THE HEARING, AT LEAST 10 DAYS BEFORE THE
HEARING DATE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 698(a)(2) and the first sentence -- as that
sentence related to corrective orders -- and the
second and third sentences of (b).

Subsection (a)(4) of this section is new language
added for clarity. It provides an element of
fundamental fairness by requiring the Department
to give the person served with an order under
this section notice of time within which to
request a hearing.

In subsection (b)(1) of this section, the phrase
"under the Maryland Rules of Procedure" is new
language added for clarity.

2-605. SAME -- HEARINGS.

(A)  APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.

THE DEPARTMENT SHALL GIVE NOTICE OF AND HOLD ANY
HEARING HELD UNDER § 2-603 OR § 2-604 OF THIS SUBTITLE IN
ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT AND THE
REQUIREMENTS OF THIS SECTION.

(B)  EXAMINATION OF INFORMATION.

BEFORE THE HEARING, THE PERSON CHARGED, ON REQUEST,
SHALL BE GIVEN AN OPPORTUNITY TO EXAMINE ALL INFORMATION AND
REPORTS THAT RELATE TO THE ALLEGED OFFENSE.