§ 4-112. Hearings

   (a) Application of Administrative Procedure Act. -- The Department shall give notice and hold any hearing under this subtitle in accordance with the Administrative Procedure Act.

(b) Requests for hearings; time of hearing; decisions. --

   (1) Any request for a hearing on an order issued under § 4-109(b)(1) of this subtitle or a stop work order under § 4-110(a) of this subtitle or a notice issued under § 4-109(b)(2) of this subtitle shall be made in writing no later than 10 working days after being served with the order.

   (2) If a request for a hearing on a stop work order issued under § 4-110(a) of this subtitle is made under this subsection, the Department shall:

      (i) Hold the hearing no later than 10 working days after receiving the request; and

      (ii) Render a decision within 10 working days after the hearing.

(c) Records. -- The Department may make a verbatim record of the proceedings of any hearing held under this subtitle.

(d) Subpoenas; testimony or production of evidence. --

   (1) In connection with any hearing under this subtitle, the Department may:

      (i) Subpoena any person or evidence; and

      (ii) Order a witness to give evidence.

   (2) A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action.

   (3) If a person fails to comply with a subpoena or order issued under this subsection, on petition of the Department, a circuit court, by order, may:

      (i) Compel obedience to the Department's order or subpoena; or

      (ii) Compel testimony or the production of evidence.

   (4) The court may punish as a contempt any failure to obey its order issued under this section.

HISTORY: 1990, ch. 550; 2006, ch. 44, § 6.