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26.01.07.00.htm 26.01.07.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 01 GENERAL PROVISIONS Chapter 07 Hearing Procedures for Waterway Obstruction, Waterway Construction, and Water Appropriation and Use Permits Authority: Environment Article, §1-404, 5-203, and 5-506; State Government Article, §10-206; Annotated Code of Maryland
26.01.07.01.htm 26.01.07.01. 01 Scope.. This chapter applies to all public informational and contested case hearings required under Environment Article, §5-203 and 5-506, Annotated Code of Maryland, pertaining to the conservation, protection, and use of water resources in the State. These procedures are intended to supplement the procedures required by law, and do not apply to investigations or informal meetings. In the event of a conflict between this chapter and COMAR 08.01.04, this chapter applies.
26.01.07.02.htm 26.01.07.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Administration" means the Water Management Administration of the Department of the Environment.. 2) "Administrative Procedure Act" means State Government Article, §10-201 et seq. Annotated Code of Maryland.3) "Appropriate local official" means the:. a) County executive or president of the county legislative body; or. b) Mayor or chief administrative official for any
26.01.07.03.htm 26.01.07.03. 03 Notice of Completed Application and Opportunity for Public Informational Hearing.. A. An applicant for a new or modified Subtitle 5 permit shall submit to the Administration a list of the names and addresses of contiguous property owners and appropriate local officials who have been served with a notice of application by the applicant. The Administration may consider evidence of an easement or right-of-way secured from a contiguous property owner as satisfaction of the notice re
26.01.07.04.htm 26.01.07.04. 04 Requests for Public Informational Hearing.. A. Any interested person may file a written request for a public informational hearing. The request shall be filed within 14 calendar days of publication of the notice required under Regulation .03B of this chapter.B. A request for hearing shall be considered filed when it is received at the office of the Director, Water Management Administration, 2500 Broening Highway, Baltimore, MD 21224.
26.01.07.05.htm 26.01.07.05. 05 Notice of Public Informational Hearing.. A. Within 10 calendar days after receipt of a request for a public informational hearing, the Administration shall set the date, time, and place for the hearing and shall mail a hearing notice to those on the interested persons list. Notice need not be published.B. Contents. The notice of public informational hearing shall include:. 1) A description of the project or activity for which the permit is sought;.
26.01.07.06.htm 26.01.07.06. 06 Conduct of the Public Informational Hearing.. A. The Director may delegate all or part of the authority to hold a public informational hearing to a presiding official or to a hearing examiner.B. Hearing Procedures.. 1) The public informational hearing shall be conducted under the applicable statutes.. 2) The Administrative Procedure Act and COMAR 08.01.04 do not apply to public informational hearings.3) The applicant, Administration representatives, and interested persons ma
26.01.07.07.htm 26.01.07.07. 07 Record of Public Informational Hearing.. The presiding official shall maintain an official record of the public informational hearing, consisting of:A. The permit application and related documents;. B. Pertinent studies, reports, evaluations, or other documents of the Administration;. C. Copies of notices required under Regulations .03B and .05A of this chapter, including certifications of publication;D. Requests for the public informational hearing;.
26.01.07.08.htm 26.01.07.08. 08 Final Permit Decision ― Notice.. A. Following the application review and comment period for a Subtitle 5 permit, and after any public informational hearing on the permit application, the Administration shall issue, modify, or deny the permit application.B. Notice. Written notice of the final permit decision shall be mailed to the applicant and to all individuals on the interested persons list. Notice need not be published.
26.01.07.09.htm 26.01.07.09. 09 Request for Contested Case Hearing.. A. A request for a contested case hearing shall be:. 1) Received within 10 business days of the mailing date of the notice of final permit decision;. 2) Filed with the Administration or the program which made the determination.. B. Contents. The request for a contested case hearing shall contain the following:. 1) The full name and address of the person requesting the hearing and a telephone number at which the requester may be reache
26.01.07.10.htm 26.01.07.10. 10 Determinations on Standing and Adjudicability.. A. The appropriate program director of the Administration shall review a request for a contested case hearing to determine whether the:1) Requester has a specific legal right, duty, privilege, or interest which is or may be adversely affected by the permit determination, and which is different from that held by the general public;2) Requester has raised an adjudicable issue or issues which are:.
26.01.07.11.htm 26.01.07.11. 11 Motion for Temporary Stay.. A. A request for contested case hearing may be accompanied by a motion for temporary stay of the issuance of the Subtitle 5 permit pending a final decision in the contested case.B. Contents. A motion filed pursuant to §A of this regulation shall contain a:. 1) Detailed description of how the criteria for granting a temporary stay, as set forth in Environment Article, §5-506, Annotated Code of Maryland, and COMAR 08.01.04.25 have been met; and
26.01.07.12.htm 26.01.07.12. 12 Contested Case Hearings.. A. Conduct. Contested case hearings under this chapter shall be conducted according to the procedures in COMAR 08.01.04.B. Procedures. In the event of a conflict between this chapter and COMAR 26.01.02, this chapter applies.
26.01.07.9999.htm 26.01.07.9999. Administrative History Effective date: August 17, 1977 (4:17 Md. R. 1296). Regulations .01―17, Procedure for Adjudicatory Hearings, repealed effective September 17, 1990 (17:18 Md. R. 2200) ―Regulations .01―12, Hearing Procedures for Waterway Obstruction, Waterway Construction, and Water Appropriation and Use Permits, adopted effective September 17, 1990 (17:18 Md. R. 2200) ―Chapter recodified from COMAR 08.05.06 to COMAR 26.01.07, June 1996.
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