§ 4-112

Maryland § 4-112

• Jurisdiction: Maryland
• Article gen: Environment
• Title: 4

Text

(a) The Department shall give notice and hold any hearing under this subtitle in accordance with the Administrative Procedure Act.

(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.

(c) The Department may make a verbatim record of the proceedings of any hearing held under this subtitle.

(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.