Md. Code Regs. 30.01.04.11

Current through Register Vol. 51, No. 21, October 18, 2024

Section 30.01.04.11 - Review of the Denial

A. If a written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may, within 30 days after receipt of the notice of the denial, seek administrative review by filing a written request for a hearing with the Executive Director.

B. If the applicant requests a hearing, the hearing shall be conducted by the EMS Board or the Office of Administrative Hearings if the EMS Board so elects.

C. The hearing procedures in COMAR 28.02.01 apply.

D. If the hearing is conducted by the Office of Administrative Hearings, the hearing procedures of COMAR 30.02.06.22 and .23 also apply.

E. If the hearing results in a total or partial denial of the written request, the applicant may file an appropriate action in circuit court under General Provisions Article, § 4-362, Annotated Code of Maryland. The EMS Board shall be a party to any proceeding.

F. If the applicant does not request a hearing, the applicant may file an action for judicial enforcement under General Provisions Article, § 4-362, Annotated Code of Maryland, without exhausting the administrative remedy. The EMS Board shall be a party to any proceeding.

Md. Code Regs. 30.01.04.11

Regulation .11 amended effective 42:20 Md. R. 1265, eff.10/12/2015