- A. If a written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may, within 30 days after receipt of the notice of the denial, seek administrative review by filing a written request for a hearing with the Executive Director.
- B. If the applicant requests a hearing, the hearing shall be conducted by the EMS Board or the Office of Administrative Hearings if the EMS Board so elects.
- C. The hearing procedures in COMAR 28.02.01 apply.
- D. If the hearing is conducted by the Office of Administrative Hearings, the hearing procedures of COMAR 30.02.06.22 and .23 also apply.
- E. If the hearing results in a total or partial denial of the written request, the applicant may file an appropriate action in circuit court under General Provisions Article, §4-362, Annotated Code of Maryland. The EMS Board shall be a party to any proceeding.
- F. If the applicant does not request a hearing, the applicant may file an action for judicial enforcement under General Provisions Article, §4-362, Annotated Code of Maryland, without exhausting the administrative remedy. The EMS Board shall be a party to any proceeding.
Authority: General Provisions Article, §4-201(b), Annotated Code of Maryland
Effective date: December 15, 1999 (26:24 Md. R. 1859)
Regulation .01 amended effective October 12, 2015 (42:20 Md. R. 1265)
Regulation .02B amended effective October 12, 2015 (42:20 Md. R. 1265)
Regulation .07B amended effective October 12, 2015 (42:20 Md. R. 1265)
Regulation .11E, F amended effective October 12, 2015 (42:20 Md. R. 1265)
Regulation .11-1 adopted effective December 19, 2005 (32:25 Md. R. 1944)