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§ 4-112. Hearing procedures

West's Annotated Code of MarylandEnvironment

West's Annotated Code of Maryland
Environment
Title 4. Water Management (Refs & Annos)
Subtitle 1. Sediment Control (Refs & Annos)
MD Code, Environment, § 4-112
§ 4-112. Hearing procedures
Currentness
In general
(a) The Department shall give notice and hold any hearing under this subtitle in accordance with the Administrative Procedure Act.1
Request and holding of hearings
(b)(1) Any request for a hearing on an order issued under § 4-109(b)(1) of this subtitle or a stop work order under § 4-110(a) of this subtitle or a notice issued under § 4-109(b)(2) of this subtitle shall be made in writing no later than 10 working days after being served with the order.
(2) If a request for a hearing on a stop work order issued under § 4-110(a) of this subtitle is made under this subsection, the Department shall:
(i) Hold the hearing no later than 10 working days after receiving the request; and
(ii) Render a decision within 10 working days after the hearing.
Record
(c) The Department may make a verbatim record of the proceedings of any hearing held under this subtitle.
Subpoenas
(d)(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 a contempt any failure to obey its order issued under this section.

Credits

Added by Acts 1990, c. 550. Amended by Acts 2006, c. 44, § 6, eff. April 8, 2006.

Footnotes

1
State Government § 10-101 et seq.
MD Code, Environment, § 4-112, MD ENVIR § 4-112
Current with legislation effective through July 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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