§ 4-212. Final corrective orders

   (a) Order under § 4-209(a)(1). --

   (1) Unless the person served with an order under § 4-209(a)(1) of this subtitle makes a request for a hearing in accordance with § 4-211(b) of this subtitle, the order is a final order.

   (2) If the person served with an order under § 4-209(a)(1) of this subtitle makes a request for a hearing in accordance with § 4-211(b) of this subtitle, the order becomes a final corrective order in accordance with the Department's decision following the hearing.

(b) Orders after notice under § 4-209(a)(2) or (3). --

   (1) If the Department issues a notice under § 4-209(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 conclusion of the hearing, if any; and

      (ii) The review 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) Duty of 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 limitation or schedules in the order.

HISTORY: 1990, ch. 673; 1991, ch. 55, § 1; 1994, ch. 3, § 1.