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Session Laws, 1984
Volume 759, Page 1305   View pdf image
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HARRY HUGHES, Governor

1305

the language, in the second clause of the second
sentence of former Art. 41, § 245(a), "rule or
practice". This substitution is based on the
interpretation that the former language was synonymous
with the phrase "rules of practice", which appeared in
the first clause of the second sentence of § 245(a).

In subsection (c) of this section, the word
"interested", which formerly modified the word
"person", is deleted since there appeared to be no
intent to use the former word as a term of art.

Former Art. 41, § 251A(d), which required rules of
procedure for "hearings in contested cases", is
deleted as unnecessary in light of subsection (a)(1)
of this section.

Defined terms: "Agency" § 10-201
"Contested case" § 10-201
"Includes"; "including" § 1-101
"Person" § 1-101

10-205. NOTICE AND HEARING.

(A)  IN GENERAL.

AN AGENCY SHALL GIVE ALL PARTIES IN A CONTESTED CASE AN
OPPORTUNITY FOR A HEARING AFTER REASONABLE NOTICE.

(B)  CONTENTS OF NOTICE.
THE NOTICE SHALL:

(1)  STATE THE TIME, PLACE, AND NATURE OF THE HEARING;

(2)  STATE THE AUTHORITY OF THE AGENCY TO HOLD THE
HEARING;

(3)  CITE THE SPECIFIC SECTION OF EACH STATUTE AND
REGULATION, INCLUDING A PROCEDURAL REGULATION, THAT IS PERTINENT;
AND

(4)  STATE CONCISELY AND SIMPLY:

(I)  THE FACTS THAT ARE ASSERTED; OR

(II)  IF THE FACTS CANNOT BE STATED IN DETAIL
WHEN THE NOTICE IS GIVEN, THE ISSUES THAT ARE INVOLVED.

(C)  ADDITIONAL STATEMENT.

THE AGENCY SHALL PROVIDE A MORE DETAILED STATEMENT OF THE
FACTS ASSERTED IF:

(1) WHEN NOTICE WAS GIVEN, THE FACTS WERE NOT STATED
IN DETAIL; AND

 

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Session Laws, 1984
Volume 759, Page 1305   View pdf image
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