Md. Code Regs. 26.11.02.07 - Procedures for Denying, Revoking, or Reopening and Revising a Permit or Approval
A. Denial
of Approvals, State Permits to Operate or State-Only Enforceable Provisions of
a Part 70 Permit.
(1) Denial is final unless
the applicant requests a hearing before the Department within 15 days after
service.
(2) When a hearing is
requested by the applicant, it shall be held pursuant to the contested case
provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of
Maryland.
(3) Denials shall be
served as summonses are served, or by certified mail upon the applicant.
B. Denial of Permits to
Construct.
(1) A denial of a permit to
construct a source, except for a permit to construct a source subject to
Regulation .12 of this chapter, is a final determination subject to judicial
review in accordance with Regulation .11M of this chapter.
(2) Notice of the denial of a permit to
construct shall be given in accordance with the notice of final determination
provisions in Regulation .11L of this chapter.
C. Revoking or Reopening a Permit. Except as
protected by a permit shield provided in accordance with COMAR
26.11.03.23, the Department may
issue an order revoking or reopening a State permit to operate, or the
State-only enforceable provisions of a Part 70 permit, for violation of a
provision of the permit or this subtitle. An order revoking or reopening a
permit shall be served as summonses are served or by certified mail upon the
permittee, and is final unless the permittee requests a contested case hearing
within 15 days after service. When a hearing is requested by the permittee, it
shall be held pursuant to the contested case provisions of State Government
Article, Title 10, Subtitle 2, Annotated Code of Maryland.
Notes
Regulation .07 amended effective 42:24 Md. R. 1506,eff.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.