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Ch. 366
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2007 Laws of Maryland
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16-503.
(a) Whenever the Department believes a violation of any provision of this
title or any regulation has occurred, the Department shall cause a written complaint
to be served upon the alleged violator. The complaint shall specify the provision of law
or regulation allegedly violated and the alleged fact that constitutes the violation.
Subsequent to or concurrent with service of the complaint as provided in subsection (c)
of this section, the Department may issue an order requiring necessary corrective
action be taken within the time prescribed in its order.
(b) Any person named in the order may request in writing a hearing before
the Department not later than 10 days after the date the order is served, in which case
a hearing shall be scheduled within 10 days from the receipt of the request. A decision
shall be rendered within 30 days from the date of the hearing. Notice of a hearing
shall be served on the alleged violator in accordance with the provisions of subsection
(c) of this section not less than 10 days before the time set for the hearing. The order
shall become effective immediately according to its terms upon service.
(c) Except as otherwise provided, any notice, order, or other instrument
issued by or under authority of the Department shall be served [personally on any
person affected. Service may be made by mailing a copy of the notice, order, or other
instrument by certified or registered mail to the person affected at the last known post
office address as shown by the Department's files or records. Proof] IN ACCORDANCE
WITH § 1-204 OF THIS ARTICLE. WHERE SERVICE IS MADE BY MAILING, PROOF
of service may be made by the sworn statement or affidavit of the person who mailed
the notice, order, or other instrument. The sworn statement or affidavit shall be filed
with the Department.
(d) A verbatim record of the proceedings of hearings may be taken when
necessary or advisable by the Department. A subpoenaed witness shall receive the
same fees and mileage as in any civil action. If a witness refuses to obey a notice of
hearing or subpoena issued under this section, any circuit court, upon the application
of the Department, may issue an order requiring the person to appear, testify, or
produce evidence as required. The failure to obey a court order may be punished by the
court as contempt.
(e) (1) A person aggrieved by an order may appeal to the circuit court of
the county in which the land is located.
(2) The court shall review the administrative record of the
Department's order.
(3) The court shall declare the Department's order invalid if the court
finds that the order:
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- 2312 -
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