Section 6-420 - Issuance of complaints and orders. - Maryland Statutes

§ 6-420. Issuance of complaints and orders.
 

(a)  Grounds for complaint.- The Department shall issue a written complaint if the Department has reasonable grounds to believe that the person to whom the complaint is directed has violated: 

(1) This subtitle; 

(2) Any rule or regulation adopted under this subtitle; or 

(3) Any order, permit, or certificate issued by the Department under this subtitle. 

(b)  Contents of complaint.- A complaint issued under this section shall: 

(1) Specify the provision that allegedly has been violated; and 

(2) State the alleged facts that constitute the violation. 

(c)  Issuance of orders and notices.- After or concurrently with service of a complaint under this subtitle, the Department may: 

(1) Issue an order that requires the person to whom it is directed to take corrective action within a time set in the order; 

(2) Send a written notice that requires the person to whom it is directed to file a written report about the alleged violation; or 

(3) Send a written notice that requires the person to whom the notice is directed: 

(i) To appear at a hearing held in accordance with the Administrative Procedure Act before the Department at a time and place the Department sets to answer the allegations of a complaint; or 

(ii) To file a written report and also appear at a hearing held in accordance with the Administrative Procedure Act before the Department at a time and place the Department sets to answer the charges in the complaint. 

(d)  Effective date of orders.- Any order issued under this section is effective immediately, according to its terms, when it is served. 
 

[1990, ch. 130; 1991, ch. 55, § 1.]