Md. Code Regs. 09.34.01.11 - Hearings
A. Registration or
Permit Denial. An applicant, registrant, or permit holder applying for an
initial or renewal registration or permit may be denied approval subject to the
hearing provisions of Business Regulation Article, §5-311, Annotated
Code of Maryland, for any of the grounds listed in Business Regulation Article,
§5-310, Annotated
Code of Maryland.
B. Hearing Before
Director.
(1) Except as otherwise provided in
§B(2)-(6) of this regulation, all contested case hearings before the
Director shall be governed by COMAR 09.01.02.
(2) In addition to the actions provided in
COMAR 09.01.02.03B C,
the Director shall attempt to negotiate a settlement of a complaint between the
complainant and a registrant or permit holder. If the Director is unable to
negotiate a settlement of a complaint, the Director may, at the request of
either party, refer the complaint to the Office of the Attorney General or the
Office of Administrative Hearings for binding arbitration, if both parties
agree to binding arbitration.
(3)
An applicant who has been notified that a new or renewal registration or permit
has been or may be denied and who requests a hearing before the Director must
file the request for a hearing not later than 30 days after the date the notice
or proposed action was mailed.
(4)
The Director shall send the hearing notice described in COMAR
09.01.02.07B B at
least 10 days before the hearing, or, if the parties have agreed to a date for
which 10 days notice cannot be given, at the earliest time possible.
(5) The notice to an applicant that a new or
renewal registration or permit has been or may be denied shall state that the
proposed action of the Director shall be affirmed if:
(a) A hearing is not requested within 30 days
after the date the notice of proposed action was mailed; or
(b) The applicant fails to appear for the
hearing after requesting a hearing.
(6) If, after a hearing, the proposed action
of the Director is upheld, the appellant shall pay the hearing costs as
described in COMAR
09.34.03.03B
F.
C. Hearings Delegated to the Office of
Administrative Hearings. All contested case hearings delegated to the Office of
Administrative Hearings shall be governed by COMAR 09.01.03.
Notes
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