There is a newer version
of
this Section
2017 Maryland Code
Health - General
Title 21 - Food, Drugs, and Cosmetics
Subtitle 4 - Milk Products
Part II - Permit Process
§ 21-419. Hearings [Subject to amendment effective January 1, 2018; amended version follows this section]
Universal Citation: MD Health-Gen Code § 21-419 (2017)
- (a) Right to a hearing. -- Except as otherwise provided in this subtitle and in the Administrative Procedure Act, before the Secretary denies an application for a permit or takes any action under ยง 21-418 of this subtitle, the Secretary shall give the person against whom the action is contemplated an opportunity for a hearing before the Secretary.
- (b) Application of Administration Procedure Act. -- Except as otherwise provided in this section, the Secretary shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
- (c) Specific notice and hearing date requirements. --
- (1) Within 48 hours after the person receives notice of the Secretary's action, a person whose permit has been suspended or who has received a notice that the Secretary intends to suspend the permit may request a hearing.
- (2) Within 72 hours after receiving the request for a hearing, the Secretary shall hold the hearing.
- (d) Ex parte hearings. -- If after due notice the person for whom the hearing is held fails or refuses to appear, nevertheless the Secretary may hear and determine the matter.
- (e) Appeal. -- A person aggrieved by a final decision of the Secretary in a contested case, as defined by the Administrative Procedure Act, may not appeal to the Board of Review but may take a direct judicial appeal.
Disclaimer: These codes may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
