Md. Code Regs. 26.30.04.02

Current through Register Vol. 51, No. 21, October 18, 2024

Section 26.30.04.02 - Procedures for Disciplinary Action

A. Before taking any action pursuant to Regulation .01 of this chapter or COMAR 26.28.02.04C(2), the Board shall refer a proposed decision to the Secretary, or their designee, for final approval pursuant to State Government Article, § 8-205.1, Annotated Code of Maryland. Once a final decision has been made by the Secretary, or their designee, the Board shall give the applicant or licensed marine contractor against whom the action is contemplated notice and the opportunity for contested case hearing.

B. At least 30 days before the hearing, the hearing notice shall be:

(1) Served personally; or

(2) Sent by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of the individual or entity.

C. The notice of hearing and hearing shall conform to the provisions of the Administrative Procedures Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

D. If, after due notice, the individual or entity against whom the action is contemplated fails or refuses to appear, the Board nevertheless may hear and determine the matter.

E. A person aggrieved by a final decision of the Board is entitled to judicial review in accordance with State Government Article, §§ 10-222 and 10-223, Annotated Code of Maryland.

Md. Code Regs. 26.30.04.02

Regulation .02 adopted effective 51:5 Md. R. 233, eff. 3/18/2024.