HARRY HUGHES, Governor                              2217

(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. In practice, a violation of a
permit or order is also a violation of a rule or
regulation, but their express inclusion in this
section makes it clear that complaints may be
issued to enforce a permit or order.

Subsection (b)(2) of this section is new language
added for clarity and to conform to practice.

9-335. 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 THE ORDER IS DIRECTED TO TAKE CORRECTIVE ACTION WITHIN
A TIME SET IN THE ORDER;

(2) SEND A WRITTEN NOTICE THAT REQUIRES THE
PERSON TO WHOM THE NOTICE 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 CHARGES IN 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.

(B) EFFECTIVE DATE OF ORDER.

ANY ORDER ISSUED UNDER THIS SECTION IS EFFECTIVE