Md. Code Regs. 08.19.04.12 - Public Information Hearing
A. An
interested person may request in writing a public information hearing.
B. If requested, a public information hearing
shall be held on a forest conservation plan or a minor subdivision plan application
within 45 days of the expiration date specified in the public notice. After setting
the date, time, and place for the hearing, the Department shall mail a hearing
notice only to those persons on the interested persons list.
C. The Department may extend the time period for
the public information hearing for the following extenuating circumstances:
(1) Inclement weather conditions;
(2) Review required by other State
agencies;
(3) A request by an applicant;
or
(4) Other justified extenuating
circumstances.
D. The
Director may delegate all or part of the Director's authority to hold a public
information hearing to an employee of the Department. The employee authorized to
conduct the public information hearing shall be designated as the presiding
official.
E. An applicant and any
interested person shall be given an opportunity at the public information hearing to
present facts and make statements for or against granting approval of the forest
conservation plan. Questions may be asked of, and directed to, the presiding
official, but cross-examination may not be conducted. The hearing is not a contested
case hearing under State Government Article, ยงยง
10-201 -10-217, Annotated
Code of Maryland.
F. Order of Hearing.
(1) The presiding official may determine the order
of presentation of comments and questions at the public information
hearing.
(2) The public information
hearing may be conducted in the following order:
(a) Introduction by the Department;
(b) Presentation of the proposed project by the
applicant;
(c) Comments and questions by
public officials;
(d) Comments and
questions by other persons; and
(e)
Closing of the public information hearing by the presiding officer.
G. The presiding officer has
the authority and duty to:
(1) Conduct a full and
fair public information hearing;
(2) Act
to avoid unnecessary delay and to maintain order; and
(3) Regulate the course of the public information
hearing and the conduct of the participants.
H. The presiding officer shall prepare an official
record of the public information hearing.
I. A tape recording or stenographic notes of the
public information hearing may not be transcribed unless the Department, the
applicant, or a participant in the public information hearing requests a transcript.
Costs of transcription shall be paid by the person requesting the
transcript.
Notes
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