Md. Code Regs. 26.10.01.24

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.10.01.24 - Violations

A. As authorized under Environment Article, § 4-412, Annotated Code of Maryland:

(1) The Department shall issue and cause to be served a written complaint:

(a) To an alleged violator of a provision of Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland or of any oil pollution control and storage tank management provision of COMAR 26.10; and

(b) That specifies the following information:

(i) The provision of law, rule, or regulation allegedly violated; and

(ii) The alleged fact or facts that constitute the violation;

(2) Subsequent to or concurrent with the service of the complaint authorized under §A(1) of this regulation, the Department may issue to an alleged violator:

(a) An order requiring the alleged violator take necessary corrective action within the time prescribed in the order;

(b) A notice requiring an alleged violator file a written report with the Department regarding the alleged violation;

(c) A notice requiring the alleged violator to appear before the Department at a time and place the Department specifies to answer the charge outlined in the complaint; or

(d) A notice requiring the alleged violator file a written report with the Department regarding the alleged violation and appear before the Department at a time and place the Department specifies to answer the charges outlined in the complaint; and

(3) If the Department exercises one of the options provided under §A (2)(b)-(d) of this regulation, the Department:

(a) May not issue an order to the alleged violator that requires corrective action be taken as a result of the alleged violation before expiration of the time set for filing a written report and for holding a hearing required under §A(2)(b)-(d) of this regulation; and

(b) May issue an order requiring corrective action be taken within the time prescribed in the order, after the expiration of the time set for filing the written report and holding the hearing required under §A(2)(b)-(d) of this regulation.

B. Contested Case Hearing.

(1) Filing a Hearing Request. A person shall have an opportunity for a contested case hearing if the person files a written request with the Department not later than 10 calendar days after being served with:

(a) An order from the Department requiring a corrective action issued under §A(2)(a) of this regulation; or

(b) A notice from the Department requiring the person to file a written report regarding an alleged violation issued under §A(2)(b) of this regulation.

(2) The appearance of the alleged violator before the Department in accordance with §A(2)(c) or (d) of this regulation constitutes an administrative hearing, and the party shall have the rights of any party in a contested case provided under State Government Article, §§ 10-205, 10-208 and 10-209, Annotated Code of Maryland.

(3) A person issued an order provided under §A(3)(b) of this regulation may not request a hearing as a result of the order.

(4) Notwithstanding a person's right to a contested case hearing, an order issued to a person pursuant to this regulation is effective immediately upon service according to its terms.

(5) The Department shall conduct a hearing in accordance with the provisions under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

C. Judicial Review. A person aggrieved by an order issued by the Department may obtain immediate judicial review under the provisions of State Government Article, §§ 10-222 and 10-223, Annotated Code of Maryland and the Maryland Rules.

Md. Code Regs. 26.10.01.24

Regulations .24 repealed effective February 4, 1991 (18:2 Md. R. 151)
Regulation .24 adopted effective May 1, 1989 (16:8 Md. R. 911)
Regulations .24 recodified effective January 1, 1996 (22:26 Md. R. 2031); Regulations .24 repealed effective February 4, 1991 (18:2 Md. R. 151)
Regulation .24 adopted effective May 1, 1989 (16:8 Md. R. 911)
Regulations .24 recodified effective January 1, 1996 (22:26 Md. R. 2031); adopted effective 49:12 Md. R. 642, eff. 6/13/2022