§ 13-2434. Denials, reprimands, suspensions, revocations -- 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)  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.

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