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§ 8-505. Hearing procedures

West's Annotated Code of MarylandEnvironment

West's Annotated Code of Maryland
Environment
Title 8. Radiation
Subtitle 5. Enforcement
MD Code, Environment, § 8-505
§ 8-505. Hearing procedures
In general
(a)(1) The Department shall give notice and hold any hearing under this subtitle in accordance with § 10-205 of the State Government Article.
(2) Any hearing related to a complaint shall be held in the manner provided in § 10-205 of the State Government Article for hearings in contested cases.
Request for hearing on complaint under § 8-503(a)(1)
(b)(1) Within 10 days after being served with an order under § 8-503(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.
Request for hearing on complaint under § 8-503(a)(2)
(c) Within 10 days after being served with notice under § 8-503(a)(2) of this subtitle the person served may request, in writing, a hearing before the Department.
Verbatim record of any hearing held under this subtitle
(d) On the request of any party to the hearing, the Department shall take a verbatim record in accordance with Title 10, Subtitle 2 of the State Government Article of the proceedings of any hearing held under this subtitle.
Power of Department in connection with hearing
(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 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. 431.
MD Code, Environment, § 8-505, MD ENVIR § 8-505
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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