Sec. 10.16.05.15. Opportunity for a Hearing

A. Except as provided in §B of this regulation, if a health permit is denied, suspended, or revoked, before the health officer takes final action against the applicant or permit holder, the health officer shall give the applicant or permit holder an opportunity for a hearing pursuant to the Maryland Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

B. If the health permit is summarily suspended, the health officer shall give the permit holder an opportunity for a hearing pursuant to the Maryland Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

C. The hearing is not required to take place before the health officer takes action against the permit holder.

D. The suspension is in effect when the notice of suspension is served on the permit holder.

E. If a hearing is desired, an applicant or permit holder shall request a hearing by submitting to the health officer a written request for a hearing.

F. To preserve the right to a hearing, an applicant or permit holder shall submit the written request within 10 days of the receipt of the denial, suspension, or revocation notice.