Md. Code Regs. 05.01.02.12

Current through Register Vol. 51, No. 24, December 2, 2024

Section 05.01.02.12 - Review of the Denial

A. If the written request is denied by the custodian, the applicant may request an administrative hearing on the denial within 30 days after receipt of the notification of the written denial.

B. If a hearing is requested by the applicant, the hearing shall be conducted by a hearing officer designated by the Secretary and the hearing shall be governed by COMAR 05.01.01. After the hearing the hearing officer shall prepare a recommended decision which shall be submitted to the Secretary. The Secretary shall issue the final decision of the Department.

C. If the administrative hearing results in a total or partial denial of the written request, the applicant may file an appropriate action in the circuit court under §10-623 of the Act.

D. The applicant may file an action for judicial enforcement under §10-623 of the Act without exhausting the administrative remedy of §A, above.

Md. Code Regs. 05.01.02.12

Regulations .12Damended effective June 18, 1984 (11:12 Md. R. 1062)
Regulation .12A amended effective November 14, 1988 (15:23 Md. R. 2656)