HARRY HUGHES, Governor

245

CHAPTER 45

(House Bill 202)

AN ACT concerning

Environmental Health - Administrative Civil Penalties -

Hearings

FOR the purpose of requiring the Department of Health and Mental
Hygiene to provide an opportunity for a hearing rather than
requiring a hearing, prior to imposing an administrative
civil penalty under certain air quality, controlled
hazardous substances, and water pollution control regulatory
laws; and repealing the mandatory requirement that a hearing
be held.

BY repealing and reenacting, with amendments,

Article - Health - Environmental
Section 2-610.1(a) and 9-342(b)(l)
Annotated Code of Maryland
(1982 Volume and 1985 Supplement)

BY repealing and reenacting, with amendments,

Article - Health - Environmental

Section 7-266(b)(l)

Annotated Code of Maryland

(1982 Volume and 1985 Supplement)

(As enacted by Chapter 573 of the

Acts of the General Assembly of 1983)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Health - Environmental

2-610.1.

(a) In addition to any other remedies available at law or
in equity and after AN OPPORTUNITY FOR a hearing WHICH MAY BE
WAIVED IN WRITING BY THE PERSON ACCUSED OF A VIOLATION [at which
i violation is found to exist], the Department may impose a
penalty for violation of any provision of this title, Subtitle 4
of Title 6, or any rule, regulation, order, plan for compliance,
registration, or permit adopted or issued under those provisions.

7-266.