Md. Code, Environment § 4-112
This is the official text of Md. Code, Environment § 4-112, part of Maryland’s Code, Environment — governs environmental protection.
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§4–112.
Official statutory text
(a) The Department shall give notice and hold any hearing under this subtitle in accordance with the Administrative Procedure Act.
(b) (1) Any request for a hearing on an order issued under § 4–109(b)(1) of this subtitle or a stop work order under § 4–110(a) of this subtitle or a notice issued under § 4–109(b)(2) of this subtitle shall be made in writing no later than 10 working days after being served with the order.
(2) If a request for a hearing on a stop work order issued under § 4–110(a) of this subtitle is made under this subsection, the Department shall:
(i) Hold the hearing no later than 10 working days after receiving the request; and
(ii) Render a decision within 10 working days after the hearing.
(c) The Department may make a verbatim record of the proceedings of any hearing held under this subtitle.
(d) (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 or order 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.
(b) (1) Any request for a hearing on an order issued under § 4–109(b)(1) of this subtitle or a stop work order under § 4–110(a) of this subtitle or a notice issued under § 4–109(b)(2) of this subtitle shall be made in writing no later than 10 working days after being served with the order.
(2) If a request for a hearing on a stop work order issued under § 4–110(a) of this subtitle is made under this subsection, the Department shall:
(i) Hold the hearing no later than 10 working days after receiving the request; and
(ii) Render a decision within 10 working days after the hearing.
(c) The Department may make a verbatim record of the proceedings of any hearing held under this subtitle.
(d) (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 or order 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.
Status: in_force · Read it on the official government site
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