2013 Maryland Code
ENVIRONMENT
§ 6-420 - Issuance of complaints and orders


MD Env Code § 6-420 (2013) What's This?

§6-420.

(a) The Department shall issue a written complaint if the Department has reasonable grounds to believe that the person to whom the complaint is directed has violated:

(1) This subtitle;

(2) Any rule or regulation adopted under this subtitle; or

(3) Any order, permit, or certificate issued by the Department under this subtitle.

(b) A complaint issued under this section shall:

(1) Specify the provision that allegedly has been violated; and

(2) State the alleged facts that constitute the violation.

(c) After or concurrently with service of a complaint under this subtitle, the Department may:

(1) Issue an order that requires the person to whom it is directed to take corrective action within a time set in the order;

(2) Send a written notice that requires the person to whom it is directed to file a written report about the alleged violation; or

(3) Send a written notice that requires the person to whom the notice is directed:

(i) To appear at a hearing held in accordance with the Administrative Procedure Act before the Department at a time and place the Department sets to answer the allegations of a complaint; or

(ii) To file a written report and also appear at a hearing held in accordance with the Administrative Procedure Act before the Department at a time and place the Department sets to answer the charges in the complaint.

(d) Any order issued under this section is effective immediately, according to its terms, when it is served.

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