Unannotated Code of Maryland (Last Updated: May 16, 2014) |
ENVIRONMENT |
TITLE 6. TOXIC, CARCINOGENIC, AND FLAMMABLE SUBSTANCES |
SUBTITLE 4. ASBESTOS REMOVAL |
PART IV. PROHIBITED ACTS; PENALTIES |
§ 6-420. Issuance of complaints and orders
Latest version.
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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.