The following section describes appeal rights for certain food service decisions by the Maryland Department of Health (MDH) and the Anne Arundel County Department of Health (DOH).
Right of appeal
The Administrative Procedure Act (Title 10, Subtitle 2 of the State Government Section of the Maryland Annotated Code) sets forth the procedures for appealing a final decision made by the MDH or an authority of approval regarding the granting, denial, suspension of renewal or modification of a licence, certificate, charter, permit or registration required by law. In addition, COMAR 10.01.03 Appeal takes the form of a contested case hearing with the Office of Administrative Hearings (OAH).
In addition to the Administrative Procedure Law, the MDH and OAH have regulations that govern procedural rules for hearings in the event of a dispute (COMAR 10.01.03 and following and COMAR 28.02.01 and following).
Decisions that can be appealed to local health services
This right of appeal applies to the following final decisions:
- Denial of license (General Health §21-311, COMAR)
- Notice of intent to suspend or revoke a food establishment license (Health-General §21-315)
- Reduction Order (General Health §21-318)
- Summary Suspension (COMAR 10.15.03.35(H))
Notice of right to appeal
When MDH or an approving authority notifies an individual of a denial of their application for a food service establishment, a summary suspension, or when a notice of intent to suspend or revoke is requested, a written notification letter will be sent to applicant requesting MDH or approval. Authority approval or licenses. The notice will include appeal rights and time limits for filing an appeal.
Request a call
Anyone aggrieved by a decision to deny the application, suspend or revoke a current food service establishment license, summary suspension, or issue a curtailment order by MOE or an approving authority may request a case hearing. contested by sending a written notice to the issuing authority. the authority requesting to appeal the decision.
All requests for contested case hearings must be filed with the Food Protection Program, Environmental Health, 3 Harry S Truman Parkway, Annapolis, MD 21401 within ten (10) calendar days of receipt of denial, notice of intent to suspend or revoke, or a clearance order is issued by MOE or the approving authority.
The written request for hearing of a contested matter must include a request for hearing and attach a copy of the notification letter from the MDH or approval authority being appealed. The request should also include a brief statement of the factual and legal basis for the appeal.
After receiving the request to hear a contested matter, the MDH or approving authority will forward the request to the OAH. Upon receipt of the filing, the OAH will send written notices to the parties, confirming the filing and notice of the relevant hearing dates. The hearing will be conducted in accordance with the Administrative Appeals Act, as well as the procedural rules of the OAH and the MDH.
Loss of appeal rights
If a request for a disputed case hearing is not made within ten (10) calendar days, the final decision of the MDH or approving authority is no longer subject to appeal and the decision is considered definitive. The applicant must comply with all terms and conditions of the final decision.