Md. Code Regs. 09.34.06.11 - Hearings-Permit Denial
A. Permit
Denial. An applicant or permit holder applying for an initial or renewal permit
to the Office may be denied the issuance of a permit, subject to the hearing
provisions of Business Regulation Article, §5-312, Annotated
Code of Maryland.
B. Hearing Before
Director of Office.
(1) Except as otherwise
provided in §B(2)-(6) of this regulation, all contested cases before the
Director of the Office shall be governed by COMAR 09.01.02.
(2) An applicant who has been notified that a
new or renewal permit has been or may be denied and who requests a hearing
before the Director of the Office must file the request for a hearing not later
than 30 days after the notice of proposed action was mailed.
(3) The Director of the Office shall send the
hearing notice described in COMAR
09.01.02.07B 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.
(4) The notice to an applicant that a new or
renewal permit has been or may be denied shall state that the proposed action
of the Director of the Office 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.
(5) If, after a hearing, the proposed action
of the Director of the Office is upheld, the appellant shall pay the hearing
costs described in Regulation .12 of this chapter.
C. Hearings Delegated by the Office 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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