A. Notice. If it determines that sanctions are warranted against a person under Regulation .15 of this chapter, the Department shall provide the person written notice of the violation via regular mail, certified mail, or personal service that includes:
- (1) The facts that are asserted pertaining to the violation;
- (2) The pertinent statutory and regulatory sections under which the Department is taking its action;
- (3) The Department's determination whether the person's conduct constitutes a negligent violation or a violation with a culpable mental state greater than negligence;
- (4) A statement explaining whether the Department has informed law enforcement of the violation;
- (5) The sanction proposed, if any, as a result of the Department's action; and
- (6) Unless a hearing is automatically scheduled, notice that the person may request a hearing within 20 days from receiving the notice of the violation; what, if anything, the person shall do to receive a hearing; and the direct consequences, including sanctions, if any, of the person's failure to exercise in a timely manner the opportunity for a hearing or to appear for a scheduled hearing.
- B. To receive a hearing on the matter set forth in the Notice of Violation, the person shall submit a written request for a hearing to the Maryland Department of Agriculture, Hemp Farming Program, 50 Harry S. Truman Parkway, Annapolis, Maryland 21401. If the person fails to submit a written request in a timely manner, the notice of violation shall become final and the Department may impose the proposed sanction stated in the notice.
- C. Hearings. Hearings under this regulation shall be in accordance with the Maryland Administrative Procedure Act and COMAR 15.01.01.
- D. Appeals. A person aggrieved by a decision of the Department under this chapter, including a decision to deny an application for a license, or to suspend or revoke a license, may appeal the decision to the circuit court pursuant to the Maryland Rules of Civil Procedure.
Authority: Agriculture Article, §14-307, Annotated Code of Maryland
Effective date: November 1, 2020 (47:21 Md. R. 904)
Chapter revised as an emergency provision effective October 4, 2022 (49:22 Md. R. 976); emergency provision expired
Chapter revised as an emergency provision effective April 16, 2023 (50:9 Md. R. 375); emergency provision expired
Chapter revised effective August 7, 2023 (50:1 Md. R. 683)