Md. Code Regs. 15.01.17.16

Current through Register Vol. 52, No. 1, January 10, 2025

Section 15.01.17.16 - Notice, Hearings, and Appeals

A. Notice. If it determines that sanctions are warranted against a person under Regulation .15 of this chapter, the Department shall provide the person written notice of the violation via regular mail, certified mail, or personal service that includes:

(1) The facts that are asserted pertaining to the violation;

(2) The pertinent statutory and regulatory sections under which the Department is taking its action;

(3) The Department's determination whether the person's conduct constitutes a negligent violation or a violation with a culpable mental state greater than negligence;

(4) A statement explaining whether the Department has informed law enforcement of the violation;

(5) The sanction proposed, if any, as a result of the Department's action; and

(6) Unless a hearing is automatically scheduled, notice that the person may request a hearing within 20 days from receiving the Notice of the Violation; what, if anything, the person shall do to receive a hearing; and the direct consequences, including sanctions, if any, of the person's failure to exercise in a timely manner the opportunity for a hearing or to appear for a scheduled hearing.

B. To receive a hearing on the matter set forth in the Notice of Violation, the person shall submit a written request for a hearing to the Maryland Department of Agriculture, Hemp Farming Program, 50 Harry S. Truman Parkway, Annapolis, Maryland 21401. If the person fails to submit a written request in a timely manner, the Notice of Violation shall become final and the Department may impose the proposed sanction stated in the notice.

C. Hearings. Hearings under this regulation shall be in accordance with the Maryland Administrative Procedure Act and COMAR 15.01.01.

D. Appeals. A person aggrieved by a decision of the Department under this chapter, including a decision to deny an application for a license, or to suspend or revoke a license, may appeal the decision to the circuit court pursuant to the Maryland Rules of Civil Procedure.

Md. Code Regs. 15.01.17.16

Regulation .16 adopted effective 47:21 Md. R. 904, eff. 11/1/2020
Regulation .16 amended and recodified from .15 effective 50:9 Md. R. 375, eff. 4/16/2023; amended and recodified from .15 effective 50:15 Md. R.683, eff. 8/7/2023