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ROBERT L. EHRLICH, JR., Governor Ch. 392
(F) (1) UPON THE RECEIPT OF A WRITTEN NOTICE OF A LICENSEE OR
PERMIT HOLDER'S INTENT TO CONTEST A CITATION, THE BOARD SHALL HOLD A
HEARING, IN ACCORDANCE WITH § 5-315 OR § 5-523 OF THIS TITLE, REGARDING THE
CITED VIOLATIONS.
(2) A HEARING HELD IN ACCORDANCE WITH PARAGRAPH (1) OF THIS
SUBSECTION MAY NOT BE DELEGATED TO THE OFFICE OF ADMINISTRATIVE
HEARINGS UNDER TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE.
(G) (1) THE BOARD SHALL ESTABLISH BY REGULATION A SCHEDULE OF
CIVIL PENALTIES FOR VIOLATIONS OF THIS TITLE AND REGULATIONS ADOPTED BY
THE BOARD.
(2) THE CIVIL PENALTIES IMPOSED UNDER THIS SUBSECTION MAY NOT
EXCEED $300 FOR ALL VIOLATIONS CITED ON A SINGLE DAY.
Article - State Government
10-205.
(a) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION,
A board, commission, or agency head authorized to conduct a contested case hearing
shall:
(i) conduct the hearing; or
(ii) delegate the authority to conduct the contested case hearing to:
1. the Office; or
2. with the prior written approval of the Chief Administrative
Law Judge, a person not employed by the Office.
(2) A HEARING HELD IN ACCORDANCE WITH § 4-608(F) OR § 5-610(F) OF
THE BUSINESS OCCUPATIONS AND PROFESSIONS ARTICLE MAY NOT BE DELEGATED
TO THE OFFICE.
[(2)] (3) With the written approval of the Chief Administrative Law
Judge, a class of contested case hearings may be delegated as provided in paragraph
(1)(ii)2 of this subsection.
[(3)](4) This subsection is not intended to restrict the right of an
individual, expressly authorized by a statute in effect on October 1, 1993, to conduct a
contested case hearing.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 2005.
Approved May 10, 2005.
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