Md. Code Regs. 10.52.06.10

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.52.06.10 - Request for Hearing

A. A person who receives a notice of violation with a penalty for a violation of Regulation .04 or .05 of this chapter, or of Health-General Article, § 20-106, Annotated Code of Maryland, may request a hearing on the notice of violation with a penalty.

B. In order to preserve a right to a hearing on a violation with a penalty under this chapter, if a hearing is desired, a person shall submit a written request to the Department's Environmental Health Bureau under the Prevention and Health Promotion Administration for a hearing within 10 days of receipt of the notice of violation with a penalty.

C. In accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, the Secretary shall provide for a hearing on the violation with a penalty by referring the matter to the Office of Administrative Hearings.

D. The Office of Administrative Hearings shall:

(1) Schedule and conduct the hearing on the violation with a penalty; and

(2) Render a decision and notify the parties of the decision within 90 days after the hearing.

Md. Code Regs. 10.52.06.10

Regulation .10 amended and recodified from .12 effective 47:20 Md. R. 875, eff. 10/5/2020