Section 13-2434 - Same - Hearings. - Maryland Statutes

§ 13-2434. Same - Hearings.
 

(a)  Right to hearing.- Before the agency takes action under § 13-2433(a) of this subtitle, it shall give the person against whom the action is contemplated the opportunity for a hearing. 

(b)  Same - Hearing process.- If a hearing is requested, the county commissioners shall: 

(1) give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article; or 

(2) delegate to the Office of Administrative Hearings the authority to hold the hearing. 

(c)  Hearings by county commissioners - Oaths.- If the county commissioners hold the hearing, the county commissioners may administer oaths in connection with the hearing. 

(d)  Hearings by OAH.-  

(1) If the Office of Administrative Hearings holds the hearing: 

(i) the administrative law judge shall state on the record the conclusions of law and findings of fact; and 

(ii) subject to paragraph (2) of this subsection, the determination of the administrative law judge is a final decision for purposes of judicial review in the same manner as a final decision in a contested case under § 10-222 of the State Government Article. 

(2) In an appeal of a decision of the administrative law judge: 

(i) if the civil penalty is less than $5,000, judicial review of disputed issues of fact shall be confined to the record; or 

(ii) if the civil penalty is $5,000 or more, judicial review shall be de novo. 

(e)  Failure to request hearing or appear.- After notice, if the person against whom the action is contemplated: 

(1) fails or refuses to appear, nevertheless the county commissioners may hear and determine the matter; or 

(2) does not request a hearing, the county commissioners may impose a civil penalty without a hearing. 
 

[An. Code 1957, art. 27, § 255C(u); 2002, ch. 26, § 2.]