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MARYLAND STATUTES AND CODES

Section 9-338 - Final corrective orders.

§ 9-338. Final corrective orders.
 

(a)  Order under § 9-335(a)(1).-  

(1) Unless the person served with an order under § 9-335(a)(1) of this subtitle makes a timely request for a hearing, the order is a final order. 

(2) If the person served with an order under § 9-335(a)(1) of this subtitle makes a timely request for a hearing, the order becomes a final corrective order when the Department renders its decision following the hearing. 

(b)  Orders after notice under § 9-335(a)(2) or (3).-  

(1) If the Department issues a notice under § 9-335(a)(2) or (3) of this subtitle, the Department may not issue an order that requires corrective action by the person to whom the notice is directed until after the later of: 

(i) The time set for the hearing, if any; and 

(ii) The time set for filing of the report, if any. 

(2) After the time within which the Department may not issue a corrective order has passed, if the Department finds that a violation of this subtitle has occurred, the Department shall issue an order that requires correction of the violation within a time set in the order. 

(3) Any order issued under this subsection is a final corrective order and the person to whom the order is directed is not entitled to a hearing before the Department as a result of the order. 

(c)  Department to enforce order.- The Department shall: 

(1) Take action to secure compliance with any final corrective order; and 

(2) If the terms of the final corrective order are violated or if a violation is not corrected within the time set in the order, sue to require correction of the violation. 

(d)  Other action permitted.- This section does not prevent the Department or the Attorney General from taking action against a violator before the expiration of the time limitations or schedules in the order. 
 

[1982, ch. 240, § 2.] 
 

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