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§ 7-261. Hearings

West's Annotated Code of MarylandEnvironment

West's Annotated Code of Maryland
Environment
Title 7. Hazardous Materials and Hazardous Substances (Refs & Annos)
Subtitle 2. Controlled Hazardous Substances (Refs & Annos)
Part VIII. Enforcement
MD Code, Environment, § 7-261
§ 7-261. Hearings
Currentness
Application of Administrative Procedures Act
(a)(1) The Department shall give notice and hold any hearing under this subtitle in accordance with the Administrative Procedure Act.1
(2) Any hearing related to a complaint shall be held in the manner provided in the Administrative Procedure Act for hearings in contested cases.
Hearing on order under § 7-259(a)(1)
(b)(1) Within 10 days after being served with an order under § 7-259(a)(1) of this subtitle, the person served may request, in writing, a hearing before the Department.
(2)(i) If a request for a hearing is made under this subsection, the Department shall hold the hearing promptly after receiving the request and render a decision promptly after the hearing.
(ii) If a request for a hearing 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 hold the hearing within 10 days after receiving the request and render a decision within 10 days after the hearing.
Hearing after notice under § 7-259(a)(2)
(c) Within 10 days after being served with a notice under § 7-259(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 issued under this subsection, on petition of the Department, a circuit court, by order, may:
(i) Compel obedience to the 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. Amended by Acts 1986, c. 609.

Footnotes

1
State Government § 10-101 et seq.
MD Code, Environment, § 7-261, MD ENVIR § 7-261
Current through legislation effective through June 1, 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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