HARRY HUGHES, Governor                              2491

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] THE
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.

(b)  A person aggrieved by an order or permit issued
does not have the right to appeal to the board of review of
the [Department of Health and Mental Hygiene or the]
Department [of Natural Resources], but may obtain immediate
judicial review under the provisions of Article 41, §§ 255
and 256 and the Maryland Rules of Procedure.

(c)  Except as otherwise provided, any notice, order,
or other instrument issued by or under authority of the
[Department of Health and Mental Hygiene or the] Department
[of Natural Resources] may be served personally or by
publication on any person affected. Service may be made by
mailing a copy of the notice, order, or other instrument by
certified or registered mail to the person affected at his
last known post-office address as shown by the Department's
files or records. Proof of service may be made by the sworn
statement or affidavit of the person who mailed the notice,
order, or other instrument. The sworn statement or affidavit
shall be filed with the [appropriate department] DEPARTMENT.

(d)  A verbatim record of the proceedings of hearings
may be taken when necessary or advisable by the [appropriate
department] DEPARTMENT. A subpoenaed witness shall receive
the same fees and mileage as in any civil action. If a
witness refuses to obey a notice of hearing or subpoena
issued under this section, any circuit court, upon the
application of the [appropriate department] DEPARTMENT, may
issue an order requiring the person to appear, testify, or