Home Table of Contents

§ 9-337. Hearings

West's Annotated Code of MarylandEnvironment

West's Annotated Code of Maryland
Environment
Title 9. Water, Ice, & Sanitary Facilities (Refs & Annos)
Subtitle 3. Water Pollution Control
Part V. Enforcement
MD Code, Environment, § 9-337
§ 9-337. Hearings
Currentness
Application of Administrative Procedure Act
(a) The Department shall give notice and hold any hearing under this subtitle in accordance with the Administrative Procedure Act.1
Hearing on order under § 9-335(a)(1)
(b)(1) Within 10 days after being served with an order under § 9-335(a)(1) of this subtitle, the person served may request in writing a hearing before the Department.
(2) If a request for a hearing is made under this subsection, the Department shall:
(i) Hold the hearing within 10 days after receiving the request; and
(ii) Render a decision within 10 days after the hearing.
Hearing after notice under § 9-335(a)(2)
(c) Within 10 days after being served with a notice under § 9-335(a)(2) of this subtitle, the person served may request in writing a hearing before the Department.
Record of proceedings
(d) The Department may make a verbatim record of the proceedings of any hearing held under this subtitle.
Subpoenas; witnesses
(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 a contempt any failure to obey its order issued under this section.

Credits

Added by Acts 1982, c. 240, § 2.

Footnotes

1
State Government § 10-101 et seq.
MD Code, Environment, § 9-337, MD ENVIR § 9-337
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document