Maryland Code, CRIMINAL LAW 13-2434
Terms Used In Maryland Code, CRIMINAL LAW 13-2434
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- County: means a county of the State or Baltimore City. See
- de novo: means judicial review based on an administrative record and any additional evidence that would be authorized by § 10-222(f) and (g) of the State Government Article. See
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(b) 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) If the county commissioners hold the hearing, the county commissioners may administer oaths in connection with the hearing.
(d) (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) 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.