HARRY HUGHES, Governor

2137

TO WHOM THE COMPLAINT IS DIRECTED HAS VIOLATED:

(1)  THIS SUBTITLE;

(2)  ANY RULE OR REGULATION ADOPTED UNDER THIS
SUBTITLE; OR

(3)  ANY ORDER, PERMIT, OR CERTIFICATE ISSUED BY
THE DEPARTMENT UNDER THIS SUBTITLE.

(B) CONTENTS OF COMPLAINT.

A COMPLAINT ISSUED UNDER THIS SECTION SHALL:

(1)  SPECIFY THE PROVISION THAT ALLEGEDLY HAS
BEEN VIOLATED; AND

(2)  STATE THE ALLEGED FACTS THAT CONSTITUTE THE
VIOLATION.

REVISOR'S NOTE: This section is new language patterned
after the first sentence -- as that sentence
related to the Department -- and the entire
second sentence of NR § 8-1412(a).

Subsection (a)(3) of this section is new language
added for clarity.

7-259. ISSUANCE OF NOTICE OR ORDER.

(A) IN GENERAL.

AFTER OR CONCURRENTLY WITH SERVICE OF A COMPLAINT UNDER
THIS SUBTITLE, THE DEPARTMENT MAY:

(1)  ISSUE AN ORDER THAT REQUIRES THE PERSON TO
WHOM IT IS DIRECTED TO TAKE CORRECTIVE ACTION WITHIN A TIME
SET IN THE ORDER;

(2)  SEND A WRITTEN NOTICE THAT REQUIRES THE
PERSON TO WHOM IT IS DIRECTED TO FILE A WRITTEN REPORT ABOUT
THE ALLEGED VIOLATION; OR

(3)  SEND A WRITTEN NOTICE THAT REQUIRES THE
PERSON TO WHOM THE NOTICE IS DIRECTED:

(I)  TO APPEAR AT A HEARING BEFORE THE
DEPARTMENT AT A TIME AND PLACE THE DEPARTMENT SETS TO ANSWER
THE ALLEGATIONS OF THE COMPLAINT; OR

(II)  TO FILE A WRITTEN REPORT AND ALSO
APPEAR AT A HEARING BEFORE THE DEPARTMENT AT A TIME AND
PLACE THE DEPARTMENT SETS TO ANSWER THE CHARGES IN THE
COMPLAINT.