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Martin O'Malley, Governor
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Ch. 365
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(II) IF A REQUEST FOR A HEARING ON AN ORDER IS MADE
UNDER THIS SUBSECTION AND THE DEPARTMENT ALLEGES IN THE ORDER THAT
THERE IS AN IMMINENT THREAT OR DANGER TO THE PUBLIC HEALTH OR
SAFETY OR TO THE ENVIRONMENT, THE DEPARTMENT SHALL:
1. HOLD THE HEARING WITHIN 10 DAYS AFTER
RECEIVING THE REQUEST; AND
2. RENDER A DECISION WITHIN 10 DAYS AFTER THE
HEARING.
(C) WITHIN 10 DAYS AFTER BEING SERVED WITH A NOTICE UNDER §
5-515(A)(2) OF THIS SUBTITLE, THE PERSON SERVED MAY REQUEST IN WRITING
A HEARING BEFORE THE DEPARTMENT.
(D) THE DEPARTMENT MAY MAKE A VERBATIM RECORD OF THE
PROCEEDINGS OF ANY HEARING HELD UNDER THIS SUBTITLE.
(E) (1) IN CONNECTION WITH ANY HEARING UNDER THIS SUBTITLE,
THE DEPARTMENT MAY:
(I) SUBPOENA ANY PERSON OR EVIDENCE; AND
(II) ORDER A WITNESS TO GIVE EVIDENCE.
(2) A SUBPOENAED WITNESS SHALL RECEIVE THE SAME FEES
AND MILEAGE REIMBURSEMENT AS IF THE HEARING WERE PART OF A CIVIL
ACTION.
(3) IF A PERSON FAILS TO COMPLY WITH A SUBPOENA OR ORDER
ISSUED UNDER THIS SUBSECTION, ON PETITION OF THE DEPARTMENT, A
CIRCUIT COURT, BY ORDER, MAY:
(I) COMPEL OBEDIENCE TO THE DEPARTMENT'S ORDER OR
SUBPOENA; OR
(II) COMPEL TESTIMONY OR THE PRODUCTION OF
EVIDENCE.
(4) THE COURT MAY PUNISH AS CONTEMPT ANY FAILURE TO
OBEY ITS ORDER ISSUED UNDER THIS SECTION.
9-320.
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- 2303 -
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