Md. Code Regs. 29.01.04.06 - Appeal Process and Hearing

A. After receiving written notice from the Department of the violation and penalty assessed against the facility, a person may submit a written appeal to the Secretary within 30 calendar days from receipt of the written notice of violation.

B. If a person fails to submit a written appeal to the Department within 30 calendar days of receipt of the written notice of violation, the person is deemed to have waived all rights to an appeal and the proposed action and assessed civil penalty shall both become final.

C. If the person timely submits a written appeal to the Secretary, the Secretary will transfer the written appeal to the Office of Administrative Hearings for a hearing in accordance with the Department's administrative hearing regulations under COMAR 29.01.01.01.

D. A hearing before an Administrative Law Judge of the Office of Administrative Hearings shall be conducted in accordance with the following:

(1) Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland;

(2) The Department's administrative hearing regulations under COMAR 29.01.01.01;

(3) The Rules of Procedure of the Office of Administrative Hearings under COMAR 28.02.01; and

(4) This chapter.

Notes

Md. Code Regs. 29.01.04.06

Effective date: 41:4 Md. R. 306, eff.3/3/2014