Md. Code Regs. 26.13.07.20-5 - Administrative Procedures-Hearings
A.
Public Hearings.
(1) The Secretary:
(a) Shall hold a public hearing whenever the
Secretary:
(i) Receives written notice of
opposition to a draft permit and a request for a hearing within 45 days of
public notice, or
(ii) Receives a
written request for a hearing within 45 days of public notice;
(b) May hold a public hearing at
the Secretary's discretion, whenever, for instance, a hearing might clarify one
or more issues involved in the permit decision;
(c) Shall give public notice of the hearing
as specified in Regulation .20-2 of this chapter; and
(d) May cancel a scheduled public hearing if
all persons who made timely written requests to hold the hearing withdraw the
requests before the hearing is scheduled to begin.
(2) Whenever a public hearing will be held,
the Secretary shall designate a hearing officer who shall be responsible for
its scheduling and orderly conduct.
(3) Hearing Limitations and Extension of
Comment Period.
(a) Any person may submit
oral or written statements and data concerning the draft permit.
(b) The Secretary or the hearing officer may:
(i) Set reasonable limits on the time allowed
for oral statements; and
(ii)
Require the submission of statements in writing.
(c) The Secretary shall consider the public
comment period under Regulation .20-2 of this chapter to be automatically
extended to 5 days after the close of any public hearing under this section if
the comment period was originally scheduled to end sooner than this.
(d) The hearing officer may extend the
comment period under Regulation .20-2 of this chapter by announcing the
extension of the comment period at the hearing.
(4) The Secretary shall make a tape recording
or written transcript of the hearing available to the public.
(5) Whenever possible, the Secretary shall
schedule a hearing under this section at a location convenient to the nearest
population center to the proposed facility.
B. Contested Case Hearings.
(1) Applicability. This section applies to
permits to own, operate, establish, or maintain a CHS facility issued pursuant
to Environment Article, §
7-232, Annotated Code of
Maryland.
(2) A person may request
a contested case hearing to appeal a final determination issued by the
Department under Regulation .20-1E of this chapter if the person makes factual
allegations with sufficient particularity to demonstrate that:
(a) The person is aggrieved by the final
determination; and
(b) The final
determination is:
(i) Legally inconsistent
with any provisions of law applicable to the final determination being
challenged; or
(ii) Based on an
incorrect determination of a relevant and material fact.
(3) A person requesting a
contested case hearing shall submit a written request for adjudication within
15 days after publication of a notice of final determination.
(4) A person requesting adjudication shall
assure that the request sets forth the basis for the request with sufficient
particularity to demonstrate that:
(a) The
issues to be raised are within the scope of §B(2) of this regulation;
and
(b) The person is aggrieved by
the final determination.
(5) Challenging Compliance with Zoning and
Land Use Requirements.
(a) Except as provided
in §B(5)(b) of this regulation, a person may not, in a contested case hearing,
challenge a facility's compliance with zoning and land use requirements or
conformity with a county plan issued under Environment Article, Title 9,
Subtitle 5, Annotated Code of Maryland.
(b) The provisions of §B(5)(a) of this
regulation do not prevent a person from:
(i)
Challenging whether the Department has complied with Environment Article, §§
2-404(b)(2)(ii)
and
9-210(a)(3),
Annotated Code of Maryland, when applicable; or
(ii) Contesting the compliance of a facility
with zoning and land use or county plan requirements in any proceeding brought
in accordance with and under any applicable local laws.
(6) A contested case hearing shall
be conducted in accordance with State Government Article, Title 10, Subtitle 2,
Annotated Code of Maryland.
(7)
Summary Disposition. The Secretary shall comply with the provisions of
Environment Article, §
1-606, Annotated Code of
Maryland, concerning summary disposition of a request for a contested case
hearing.
Notes
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