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Ch. 26
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2002 LAWS OF MARYLAND
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(E) FAILURE TO REQUEST HEARING OR APPEAR
AFTER NOTICE, IF THE PERSON AGAINST WHOM THE ACTION IS
CONTEMPLATED:
(1) FAILS OR REFUSES TO APPEAR, NEVERTHELESS THE COUNTY
COMMISSIONERS MAY HEAR AND DETERMINE THE MATTER; OR
(2) DOES NOT REQUEST A HEARING, THE COUNTY COMMISSIONERS MAY
IMPOSE A CIVIL PENALTY WITHOUT A HEARING.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 255C(u).
In subsection (a) of this section, the reference to "§ 13-2433(a) of this
subtitle" is substituted for the reference to former Art. 27, § 255C(s).
Although the revised reference incorporates only former Art. 27, §
255C(s)(1), it was only that part of the former provision that addressed
actions taken, subject to the interested party's right to an administrative
hearing.
Also in subsection (a) of this section, the former reference to a hearing
"before the Board" is deleted in light of subsection (b) of this section, which
authorizes the county commissioners to delegate responsibility for a
hearing to the Office of Administrative Hearings.
In subsection (c) of this section, the phrase "in connection with the
proceeding" is added for clarity.
In subsection (d) of this section, the former phrase, "[i]f the Board
delegates the authority to hold a hearing", is deleted in light of subsection
(b)(2) of this section.
In subsection (d)(l)(ii) of this section, the phrase "subject to paragraph (2)
of this subsection" is added to reflect an exemption to the normal review
process following a final decision in an administrative proceeding.
In subsection (e)(2) of this section, the reference to "a civil penalty" is
substituted for the former reference to "fine" for clarity.
Also in subsection (e)(2) of this section, the phrase "without a hearing" is
substituted for the former phrase "may deem that the matter has been
heard" to avoid the legal fiction that a hearing takes place.
Defined terms: "Agency" § 13-2414
"County commissioners" § 13-2401
"Person" § 1-101
13-2435. WASHINGTON COUNTY GAMING FUND.
(A) "GROSS PROFITS" DEFINED.
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