<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".16" citation="COMAR 15.01.17.16" title_num="15" subtitle_num="01" chapter_num="17" heading="Notice, Hearings, and Appeals.">
  <paragraph num="A.">
    <text>Notice. If it determines that sanctions are warranted against a person under Regulation .15 of this chapter, the Department shall provide the person written notice of the violation via regular mail, certified mail, or personal service that includes:</text>
    <paragraph num="(1)">
      <text>The facts that are asserted pertaining to the violation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The pertinent statutory and regulatory sections under which the Department is taking its action;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Department's determination whether the person's conduct constitutes a negligent violation or a violation with a culpable mental state greater than negligence;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A statement explaining whether the Department has informed law enforcement of the violation;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The sanction proposed, if any, as a result of the Department's action; and</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Unless a hearing is automatically scheduled, notice that the person may request a hearing within 20 days from receiving the notice of the violation; what, if anything, the person shall do to receive a hearing; and the direct consequences, including sanctions, if any, of the person's failure to exercise in a timely manner the opportunity for a hearing or to appear for a scheduled hearing.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>To receive a hearing on the matter set forth in the Notice of Violation, the person shall submit a written request for a hearing to the Maryland Department of Agriculture, Hemp Farming Program, 50 Harry S. Truman Parkway, Annapolis, Maryland 21401. If the person fails to submit a written request in a timely manner, the notice of violation shall become final and the Department may impose the proposed sanction stated in the notice.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Hearings. Hearings under this regulation shall be in accordance with the Maryland Administrative Procedure Act and COMAR 15.01.01.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Appeals. A person aggrieved by a decision of the Department under this chapter, including a decision to deny an application for a license, or to suspend or revoke a license, may appeal the decision to the circuit court pursuant to the Maryland Rules of Civil Procedure.</text>
  </paragraph>
</regulation>