Section 13-2434 - Same - Hearings.
§ 13-2434. Same - Hearings.
(a) Right to hearing.- Before the agency takes action under § 13-2433(a) of this subtitle, it shall give the person against whom the action is contemplated the opportunity for a hearing.
(b) Same - Hearing process.- If a hearing is requested, the county commissioners shall:
(1) give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article; or
(2) delegate to the Office of Administrative Hearings the authority to hold the hearing.
(c) Hearings by county commissioners - Oaths.- If the county commissioners hold the hearing, the county commissioners may administer oaths in connection with the hearing.
(d) Hearings by OAH.-
(1) If the Office of Administrative Hearings holds the hearing:
(i) the administrative law judge shall state on the record the conclusions of law and findings of fact; and
(ii) subject to paragraph (2) of this subsection, the determination of the administrative law judge is a final decision for purposes of judicial review in the same manner as a final decision in a contested case under § 10-222 of the State Government Article.
(2) In an appeal of a decision of the administrative law judge:
(i) if the civil penalty is less than $5,000, judicial review of disputed issues of fact shall be confined to the record; or
(ii) if the civil penalty is $5,000 or more, judicial review shall be de novo.
(e) Failure to request hearing or appear.- After notice, if the person against whom the action is contemplated:
(1) fails or refuses to appear, nevertheless the county commissioners may hear and determine the matter; or
(2) does not request a hearing, the county commissioners may impose a civil penalty without a hearing.
[An. Code 1957, art. 27, § 255C(u); 2002, ch. 26, § 2.]