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Session Laws, 1993
Volume 772, Page 1028   View pdf image
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Ch. 59

1993 LAWS OF MARYLAND

(ii) if the facts cannot be stated in detail when the notice is given, the
issues that are involved;

(2) STATE THE PERTINENT STATUTORY AND REGULATORY SECTIONS
UNDER WHICH THE AGENCY IS TAKING ITS ACTION;

.(3) STATE THE SANCTION PROPOSED OR THE POTENTIAL PENALTY, IF
ANY, AS A RESULT OF THE AGENCY'S ACTION;

(4)      UNLESS A HEARING IS AUTOMATICALLY SCHEDULED, STATE THAT
THE RECIPIENT OF NOTICE OF AN AGENCY'S ACTION MAY HAVE AN OPPORTUNITY
TO REQUEST A HEARING, INCLUDING:

(I) WHAT, IF. ANYTHING, A PERSON MUST DO TO RECEIVE A
HEARING; AND

(II)     ALL RELEVANT TIME REQUIREMENTS; AND

(5)      STATE THE DIRECT CONSEQUENCES; SANCTION, POTENTIAL
PENALTY, IF ANY, OR REMEDY OF THE RECIPIENT'S FAILURE TO EXERCISE IN A
TIMELY. MANNER THE OPPORTUNITY FOR A HEARING OR TO APPEAR FOR A
SCHEDULED HEARING.

[(c) 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

(2)     a party requests the statement.]

(C) THE NOTICE OF AGENCY ACTION UNDER THIS SECTION MAY BE
CONSOLIDATED WITH THE NOTICE OF HEARING REQUIRED UNDER § 10-208 OF THIS
SUBTITLE.                                                          

[(d) Where a licensing statute provides for service other than by regular mail,
notice by an agency may be sent by regular mail to the business address of record, of a
person holding a license issued by the agency if:

(1)     the person is required by law or regulation to advise the agency of the
business address; and

(2)     the agency has been unsuccessful in giving notice in the manner
otherwise provided by the licensing statute.

(e) Upon a showing that the person neither knew nor had reasonable opportunity
to know of the fact of service, an agency shall grant a rehearing to a person served by
regular mail under subsection (d) of this section.]

[(f)] (D) For purposes of this section, publication in the Maryland Register does
not constitute reasonable notice to a party.

10-208. NOTICE OF HEARING.

(A) AN AGENCY OR THE OFFICE SHALL GIVE ALL PARTIES IN A CONTESTED
CASE REASONABLE WRITTEN NOTICE OF THE HEARING.

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Session Laws, 1993
Volume 772, Page 1028   View pdf image
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