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26.20.34.00.htm 26.20.34.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 20 SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM Chapter 34 General Provisions on Adjudicatory Hearings Authority: Environment Article, §15-503, Annotated Code of Maryland
26.20.34.01.htm 26.20.34.01. 01 Scope.. Whenever the right to request an adjudicatory hearing is provided by the Regulatory Program, the conduct of any resulting adjudicatory hearing is governed by this chapter, any specific requirements contained in the chapter authorizing an adjudicatory hearing, and the Maryland Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
26.20.34.02.htm 26.20.34.02. 02 Initial Review of Request for Adjudicatory Hearing.. A. The Director shall review a request for an adjudicatory hearing and shall consider the following criteria in reaching a decision to grant or deny an adjudicatory hearing:1) Whether the request was timely made;. 2) Whether the request contains all the required information;. 3) Whether the request raises issues within the scope of the statutory authority of the Bureau;.
26.20.34.03.htm 26.20.34.03. 03 Parties.. A. The applicant or permittee shall be made a party to any adjudicatory hearing involving a permit application or permit under the Regulatory Program.B. The Bureau shall in all cases be made a party to any adjudicatory hearing under the Regulatory Program.C. Any person may be granted intervention as a party upon a showing, before the beginning of the hearing, that they would have been entitled to request a hearing in their own right, and that existing
26.20.34.04.htm 26.20.34.04. 04 Prehearing Conference.. A. Before the date of the adjudicatory hearing, the hearing officer may hold a prehearing conference, for which he shall give notice to all parties of the date, time, and place.B. At a prehearing conference or within some reasonable time set by the hearing officer, each party shall make available to the other parties the names of experts and other witnesses the party expects to call, together with a brief written summary of their anticipated testimony.
26.20.34.05.htm 26.20.34.05. 05 Conduct of Adjudicatory Hearing.. A. An adjudicatory hearing shall be conducted generally in the following order, unless modified by the hearing officer during the prehearing conference:1) Call of the case by the hearing officer;. 2) Opening statements by the parties;. 3) Presentation of evidence in the following order:. a) Unless otherwise directed by the specific regulation providing a right to a hearing, the party requesting the hearing has the burden of proof on al
26.20.34.06.htm 26.20.34.06. 06 Procedure after Testimony is Concluded.. A. The hearing officer shall notify all parties by certified mail as soon as the hearing record is compiled and available.B. Within 15 days from the date of the notification in §A of this regulation, any party may file proposed findings of fact, conclusions of law, and a brief in support thereof with the hearing officer. Copies shall be mailed to all other parties at the same time.C. Within 60 days from the notification in §A of t
26.20.34.07.htm 26.20.34.07. 07 Record of Adjudicatory Hearing.. A. Adjudicatory hearings shall be either stenographically reported verbatim or tape recorded, and then may be transcribed. Stenographic notes or tapes, or originals of the transcript, shall be filed with the record along with all exhibits. Any party who desires a copy of a transcript of the hearing may request a copy from the hearing officer and pay the costs. If the transcript is prepared by a private stenographer, the hearing officer may direct
26.20.34.08.htm 26.20.34.08. 08 Decision.. The Director of the Water Management Administration shall notify the parties to the hearing, in writing and by certified mail, of the final decision. The notice shall include a:A. Copy of the decision, including findings of fact and conclusions of law in accordance with the Maryland Administrative Procedure Act; andB. Statement regarding the parties' right of appeal..
26.20.34.09.htm 26.20.34.09. 09 Award of Costs.. A. Any person may file a petition for award of costs and expenses including attorneys' fees reasonably incurred as a result of that person's participation in any adjudicatory hearing under this subtitle.B. The petition for an award of costs and expenses including attorneys' fees shall be filed with the Secretary within 45 days of receipt of a final decision under Regulation .08 of this chapter. Failure to make a timely filing of a petition may const
26.20.34.10.htm 26.20.34.10. 10 Delegation of Authority; Time Limitations.. A. The Secretary or the Director of the Water Management Administration may delegate all or part of his authority to act pursuant to this chapter.B. The failure of the Bureau to do any act within the time periods specified in this chapter may not be construed as a waiver or a derogation of any rights, powers, or authority of the Department or of the Bureau.
26.20.34.9999.htm 26.20.34.9999. Administrative History Effective date:. Regulations .01―04, .05, and .06―10 were previously codified as COMAR 08.13.09.43A―D, E―J, and K―O, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01. ―Chapter recodified from COMAR 08.20.34 to COMAR 26.20.34, June 1996.
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