State Codes and Statutes

Statutes > Maryland > Environment > Title-4 > Subtitle-1 > 4-112

§ 4-112. Hearings.
 

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

(b)  Requests for hearings; time of hearing; decisions.-  

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

(d)  Subpoenas; testimony or production of evidence.-  

(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. 
 

[1990, ch. 550; 2006, ch. 44, § 6.] 
 

State Codes and Statutes

Statutes > Maryland > Environment > Title-4 > Subtitle-1 > 4-112

§ 4-112. Hearings.
 

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

(b)  Requests for hearings; time of hearing; decisions.-  

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

(d)  Subpoenas; testimony or production of evidence.-  

(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. 
 

[1990, ch. 550; 2006, ch. 44, § 6.] 
 


State Codes and Statutes

State Codes and Statutes

Statutes > Maryland > Environment > Title-4 > Subtitle-1 > 4-112

§ 4-112. Hearings.
 

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

(b)  Requests for hearings; time of hearing; decisions.-  

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

(d)  Subpoenas; testimony or production of evidence.-  

(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. 
 

[1990, ch. 550; 2006, ch. 44, § 6.]