Ch. 675

1997 LAWS OF MARYLAND

OF COMPLAINTS RESOLVED WITHIN THE SCHEDULE ADOPTED UNDER PARAGRAPH
(1) OF THIS SUBSECTION AND THE NUMBER OF COMPLAINTS RECEIVED UNDER
SUBSECTION (C)(2) OF THIS SECTION

5-312.

(A)     (1) EXCEPT AS OTHERWISE PROVIDED IN TITLE 10, SUBTITLE 4 § 10-226
OF THE STATE GOVERNMENT ARTICLE, BEFORE THE DIRECTOR TAKES A FINAL
ACTION UNDER THIS SUBTITLE, THE DIRECTOR SHALL PROVIDE THE INDIVIDUAL
PERSON AGAINST WHOM THE ACTION IS CONTEMPLATED AN OPPORTUNITY FOR
NOTICE OF THE DIRECTOR'S PROPOSED ACTION AND THE OPPORTUNITY TO
REQUEST A HEARING BEFORE THE DIRECTOR.

(2) A PERSON SHALL FILE A REQUEST FOR A HEARING NOT LATER
THAN 30 DAYS AFTER THE DATE THE NOTICE PROVIDED UNDER PARAGRAPH (1) OF
THIS SUBSECTION IS MAILED.

(B)     THE DIRECTOR SHALL PROVIDE NOTICE AND CONDUCT A THE HEARING
IN ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE.

(C)     THE DIRECTOR MAY ADMINISTER OATHS IN CONNECTION WITH A
PROCEEDING UNDER THIS SECTION.

(D) THE HEARING NOTICE PROVIDED TO THE INDIVIDUAL SHALL BE SENT BY
CERTIFIED MAIL TO THE LAST KNOWN ADDRESS OF THE INDIVIDUAL AT LEAST 10
DAYS BEFORE THE HEARING.

(D) THE HEARING NOTICE PROVIDED TO THE PERSON UNDER SUBSECTION (A)(1)
OF THIS SECTION SHALL BE SENT BY CERTIFIED MAIL TO THE LAST KNOWN ADDRESS OF
THE PERSON AT LEAST 10 DAYS BEFORE THE HEARING.

(D) (E) IF A HEARING IS NOT REQUESTED WITHIN THE TIME PERIOD
SPECIFIED UNDER SUBSECTION (A)(2) OF THIS SECTION OR IF THE PERSON FAILS TO
APPEAR FOR THE HEARING AFTER REQUESTING A HEARING, THE PROPOSED
ACTION OF THE DIRECTOR SHALL BE AFFIRMED.

(E)     (F) THE INDIVIDUAL PERSON MAY BE REPRESENTED AT THE HEARING
BY COUNSEL.

(F)     (G) (1) THE DIRECTOR MAY ISSUE SUBPOENAS IN CONNECTION WITH
A PROCEEDING UNDER THIS SECTION.

(2) IF A PERSON FAILS TO COMPLY WITH A SUBPOENA ISSUED UNDER
THIS SUBSECTION, ON PETITION OF THE DIRECTOR, A CIRCUIT COURT MAY COMPEL
COMPLIANCE WITH THE SUBPOENA.

(G) IF, AFTER DUE NOTICE, THE INDIVIDUAL AGAINST WHOM THE ACTION IS
CONTEMPLATED FAILS OR REFUSES TO APPEAR, THE DIRECTOR MAY HEAR AND
DETERMINE THE MATTER.

(H) IF, AFTER A HEARING, THE PROPOSED ACTION BY THE DIRECTOR IS
UPHELD, THE CHALLENGER APPELLANT SHALL PAY THE HEARING COSTS, AS
SPECIFIED BY THE OFFICE IN ITS REGULATIONS.

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