10.52.06.12

.12 Request for Hearing.

A. A person who receives a notice of violation with a penalty for a violation of Regulation .04, .05C, D, or E, or .06 of this chapter, or of Health-General Article, §20-106, Annotated Code of Maryland, may request a hearing on the notice of violation with a penalty.

B. In order to preserve a right to a hearing on a violation with a penalty under this chapter, if a hearing is desired, a person shall submit a written request to the Departmentís Environmental Health Bureau under the Prevention and Health Promotion Administration for a hearing within 10 days of receipt of the notice of violation with a penalty.

C. In accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, the Secretary shall provide for a hearing on the violation with a penalty by referring the matter to the Office of Administrative Hearings.

D. The Office of Administrative Hearings shall:

(1) Schedule and conduct the hearing on the violation with a penalty; and

(2) Render a decision and notify the parties of the decision within 90 days after the hearing.