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§ 21-419. Right to hearing

West's Annotated Code of MarylandHealth--GeneralEffective: January 1, 2018

West's Annotated Code of Maryland
Health--General
Title 21. Food, Drugs, and Cosmetics (Refs & Annos)
Subtitle 4. Milk Products (Refs & Annos)
Part II. Permit Process
Effective: January 1, 2018
MD Code, Health - General, § 21-419
§ 21-419. Right to hearing
In general
(a) Except as otherwise provided in this subtitle and in the Administrative Procedure Act,1 before the Secretary denies an application for a permit or takes any action under § 21-418 of this subtitle, the Secretary shall give the person against whom the action is contemplated an opportunity for a hearing before the Secretary.
Application of Administrative Procedure Act
(b) Except as otherwise provided in this section, the Secretary shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
Notice and hearing date requirements
(c)(1) Within 48 hours after the person receives notice of the Secretary's action, a person whose permit has been suspended or who has received a notice that the Secretary intends to suspend the permit may request a hearing.
(2) Within 72 hours after receiving the request for a hearing, the Secretary shall hold the hearing.
Ex parte hearings
(d) If after due notice the person for whom the hearing is held fails or refuses to appear, nevertheless the Secretary may hear and determine the matter.
Direct judicial appeal
(e) A person aggrieved by a final decision of the Secretary in a contested case, as defined by the Administrative Procedure Act, may take a direct judicial appeal.

Credits

Added as Health-Environmental § 4-419 by Acts 1982, c. 240, § 2, eff. July 1, 1982. Amended by Acts 1983, c. 583, § 2, eff. July 1, 1983. Transferred to Health-General § 21-419 by Acts 1987, c. 306, § 2, eff. July 1, 1987. Amended by Acts 1987, c. 306, § 15, eff. July 1, 1987; Acts 1988, c. 6, § 11, eff. July 1, 1988; Acts 2001, c. 477, § 1, eff. July 1, 2001; Acts 2017, c. 103, § 1, eff. Jan. 1, 2018.

Footnotes

State Government § 10-101 et seq.
MD Code, Health - General, § 21-419, MD HEALTH GEN § 21-419
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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