Maryland Environment Section 4-112

Article - Environment

§ 4-112.

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

      (b)      (1)      Any request for a hearing on an order issued under § 4-109(b)(1) or a stop work order under § 4-110(a) 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)      The Department may make a verbatim record of the proceedings of any hearing held under this subtitle.

      (d)      (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.



This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.