Hearings

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    (a)    The Department shall give notice and hold any hearing under this subtitle in accordance with the Administrative Procedure Act.

    (b)    (1)    Any request for a hearing on an order issued under § 4–109(b)(1) of this subtitle or a stop work order under § 4–110(a) of this subtitle or a notice issued under § 4–109(b)(2) of this subtitle shall be made in writing no later than 10 working days after being served with the order.

        (2)    If a request for a hearing on a stop work order issued under § 4–110(a) of this subtitle is made under this subsection, the Department shall:

            (i)    Hold the hearing no later than 10 working days after receiving the request; and

            (ii)    Render a decision within 10 working days after the hearing.

    (c)    The Department may make a verbatim record of the proceedings of any hearing held under this subtitle.

    (d)    (1)    In connection with any hearing under this subtitle, the Department may:

            (i)    Subpoena any person or evidence; and

            (ii)    Order a witness to give evidence.

        (2)    A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action.

        (3)    If a person fails to comply with a subpoena or order issued under this subsection, on petition of the Department, a circuit court, by order, may:

            (i)    Compel obedience to the Department’s order or subpoena; or

            (ii)    Compel testimony or the production of evidence.

        (4)    The court may punish as a contempt any failure to obey its order issued under this section.


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