Md. Code Ann., Health-Gen. § 21-419
Right to hearing
Effective Jan 1, 2018Added as Health-Environmental § 4-419 by Acts 1982, c. 240, § 2, eff. July 1, 1982. Amended by Acts 1983, c. 583, § 2, eff. July 1, 1983. Transferred to Health-General § 21-419 by Acts 1987, c. 306, § 2, eff. July 1, 1987. Amended by Acts 1987, c. 306, § 15, eff. July 1, 1987; Acts 1988, c. 6, § 11, eff. July 1, 1988; Acts 2001, c. 477, § 1, eff. July 1, 2001; Acts 2017, c. 103, § 1, eff. Jan. 1, 2018.State of Maryland
- (a) Except as otherwise provided in this subtitle and in the Administrative Procedure Act,1 before the Secretary denies an application for a permit or takes any action under § 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) Except as otherwise provided in this section, the Secretary shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
(c)
- (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) 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) A person aggrieved by a final decision of the Secretary in a contested case, as defined by the Administrative Procedure Act, may take a direct judicial appeal.
Added as Health-Environmental § 4-419 by Acts 1982, c. 240, § 2, eff. July 1, 1982. Amended by Acts 1983, c. 583, § 2, eff. July 1, 1983. Transferred to Health-General § 21-419 by Acts 1987, c. 306, § 2, eff. July 1, 1987. Amended by Acts 1987, c. 306, § 15, eff. July 1, 1987; Acts 1988, c. 6, § 11, eff. July 1, 1988; Acts 2001, c. 477, § 1, eff. July 1, 2001; Acts 2017, c. 103, § 1, eff. Jan. 1, 2018.
State Government § 10-101 et seq.