§ 21-419. Hearings

   (a) Right to a hearing. -- Except as otherwise provided in this subtitle and in the Administrative Procedure Act, before the Secretary denies an application for a permit or takes any action under § 21-418 of this subtitle, the Secretary shall give the person against whom the action is contemplated an opportunity for a hearing before the Secretary.

(b) Application of Administration Procedure Act. -- Except as otherwise provided in this section, the Secretary shall give notice and hold the hearing in accordance with the Administrative Procedure Act.

(c) Specific notice and hearing date requirements. --

   (1) Within 48 hours after the person receives notice of the Secretary's action, a person whose permit has been suspended or who has received a notice that the Secretary intends to suspend the permit may request a hearing.

   (2) Within 72 hours after receiving the request for a hearing, the Secretary shall hold the hearing.

(d) Ex parte hearings. -- If after due notice the person for whom the hearing is held fails or refuses to appear, nevertheless the Secretary may hear and determine the matter.

(e) Appeal. -- A person aggrieved by a final decision of the Secretary in a contested case, as defined by the Administrative Procedure Act, may not appeal to the Board of Review but may take a direct judicial appeal.

HISTORY: An. Code 1957, art. 43, § 576, 577; 1982, ch. 240, § 2; 1983, ch. 583, § 2; 1987, ch. 306, § 2, 15; 1988, ch. 6, § 11; 2001, ch. 477.