2019 Maryland Code
Environment
Title 8 - Radiation
Subtitle 5 - Enforcement
§ 8-505. Hearing

Universal Citation: MD Env Code § 8-505 (2019)

    (a)    (1)    The Department shall give notice and hold any hearing under this subtitle in accordance with § 10-205 of the State Government Article.

        (2)    Any hearing related to a complaint shall be held in the manner provided in § 10-205 of the State Government Article for hearings in contested cases.

    (b)    (1)    Within 10 days after being served with an order under § 8-503(a)(1) of this subtitle, the person served may request, in writing, a hearing before the Department.

        (2)    (i)    If a request for a hearing is made under this subsection, the Department shall hold the hearing promptly after receiving the request and render a decision promptly after the hearing.

            (ii)    If a request for a hearing is made under this subsection and the Department alleges in the order that there is an imminent threat or danger to the public health or safety or to the environment, the Department shall hold the hearing within 10 days after receiving the request and render a decision within 10 days after the hearing.

    (c)    Within 10 days after being served with notice under § 8-503(a)(2) of this subtitle the person served may request, in writing, a hearing before the Department.

    (d)    On the request of any party to the hearing, the Department shall take a verbatim record in accordance with Title 10, Subtitle 2 of the State Government Article of the proceedings of any hearing held under this subtitle.

    (e)    (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 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.

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