Section 4-113 - Final corrective orders.
§ 4-113. Final corrective orders.
(a) Finality of orders.-
(1) Unless the person served with an order under § 4-109(b)(1) of this subtitle makes a request for a hearing in accordance with § 4-112(b) of this subtitle, the order is a final order.
(2) If the person served with an order under § 4-109(b)(1) of this subtitle makes a request for a hearing in accordance with § 4-112(b) of this subtitle, the order becomes a final corrective order in accordance with the Department's decision following the hearing.
(b) Issuance; hearings.-
(1) If the Department issues a notice under § 4-109(b)(2) or (3) of this subtitle, the Department may not issue an order that requires corrective action by the person to whom the notice is directed until after the later of:
(i) The conclusion of the hearing, if any; and
(ii) The review of the report, if any.
(2) After the time within which the Department may not issue a corrective order has passed, if the Department finds that a violation of this subtitle has occurred, the Department shall issue an order that requires correction of the violation within a time set in the order.
(3) Any order issued under this subsection is a final corrective order and the person to whom the order is directed is not entitled to a hearing before the Department as a result of the order.
(c) Compliance.- The Department shall:
(1) Take action to secure compliance with any final corrective order; and
(2) If the terms of the final corrective order are violated or if a violation is not corrected within the time set in the order, sue to require correction of the violation.
(d) Construction of section.- This section does not prevent the Department or the Attorney General from taking action against a violator before the expiration of the time limitation or schedules in the order.
[1990, ch. 550.]