2220

LAWS OF MARYLAND

Ch. 240

(4) THE COURT MAY PUNISH AS A CONTEMPT ANY
FAILURE TO OBEY ITS ORDER ISSUED UNDER THIS SECTION.

REVISOR'S NOTE: This section is new language patterned
after NR § 8-1412(d) and the second and third
sentences of (a)(1) and the first and second
sentences of the second oaragraph of NR §
8-1412(a).

Subsection (a) of this section is revised to
state more directly the intended application of
the Administrative Procedure Act to all hearings
under this subtitle. See, e.g., the reference to
certain sections of the Administrative Procedure
Act in the second sentence of the second
paragraph of NR § 8-1412(a).

Subsection (e)(1) of this section is new language
added to state expressly that which is only
implied in NR § 8-1412(d) -- i.e., that the
Department may issue subpoenas.

In subsection (e)(2) of this section,
"reimbursement" is new language added for
clarity.

9-338. FINAL CORRECTIVE ORDERS.

(A)  ORDER UNDER § 9-335(A)(l).

(1) UNLESS THE PERSON SERVED WITH AN ORDER UNDER
§ 9-335(A)(l) OF THIS SUBTITLE MAKES A TIMELY REQUEST FOR A
HEARING, THE ORDER IS A FINAL ORDER.

(2) IF THE PERSON SERVED WITH AN ORDER UNDER §
9-335(A)(1) OF THIS SUBTITLE MAKES A TIMELY REQUEST FOR A
HEARING, THE ORDER BECOMES A FINAL CORRECTIVE ORDER WHEN THE
DEPARTMENT RENDERS ITS DECISION FOLLOWING THE HEARING.

(B)  ORDERS AFTER NOTICE UNDER § 9-335(A)(2) OR (3).

(1) IF THE DEPARTMENT ISSUES A NOTICE UNDER §
9-335(A)(2) OR (3) OF THIS SUBTITLE, THE DEPARTMENT MAY NOT
ISSUE AN ORDER THAT REQUIRES CORRECTIVE ACTION BY THE PERSON
TO WHOM THE NOTICE IS DIRECTED UNTIL AFTER THE LATER OF:

AND

REPORT, IF ANY.

(I) THE TIME SET FOR THE HEARING, IF ANY;

(II) THE TIME SET FOR FILING OF THE

(2) AFTER THE TIME WITHIN WHICH THE DEPARTMENT
MAY NOT ISSUE A CORRECTIVE ORDER HAS PASSED, IF THE