§ 6-420. Issuance of complaints and orders  


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  •    (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.


HISTORY: 1990, ch. 130; 1991, ch. 55, § 1.