# COMAR Title 26 — Department of the Environment

## Subtitle 01 — General Provisions

### Chapter 02 — Procedures for Contested Case Hearings Before the Secretary of the Environment

#### Regulation .05 Notice of the Right to a Hearing.

*COMAR 26.01.02.05*

A. The Department shall provide notification of its action whenever a right to a hearing is provided by law.

B. The notification shall include:

  (1) A statement of the factual basis for the action;

  (2) A reference to the statutory or regulatory provision under which the action is being taken;

  (3) A statement of the right to a hearing upon request;

  (4) The authority of the Department to hold the hearing;

  (5) The specific section of each statute and regulation, including a procedural regulation, that is pertinent;

  (6) A statement of the time period within which a hearing shall be requested, and what action the person is required to take in order to timely request a hearing;

  (7) A statement that unless a hearing is requested, the intended Department action shall become final and binding on all parties.

C. The time period within which a hearing shall be requested is 30 days after notice is served, unless otherwise provided by law.