Md. Code Regs. 23.02.04.19

Current through Register Vol. 51, No. 18, September 6, 2024

Section 23.02.04.19 - Appeals

A. The Administrator shall promptly notify, by certified mail, the applicant and all other interested persons who provided written or oral comments to the Board of the Board's action to grant, deny, modify, suspend, or revoke a license.

B. Within 30 days after receiving the Board's decision, any person with standing may petition the circuit court in the county where the land is located.

C. A person has standing to file a petition under §B of this regulation if the person:

(1) Meets the threshold standing requirements under federal law; and

(2) Is the applicant or participated in the public process through the submission of written or oral comments, unless an opportunity for public participation was not provided.

D. The Board shall compile the record that was before them and submit it to the circuit court where the petition was filed.

E. An appeal is a petition for judicial review and shall be conducted in accordance with Environment Article, Title 1, Subtitle 6, Annotated Code of Maryland, and is not a contested case hearing under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

Md. Code Regs. 23.02.04.19

Regulation .18 adopted effective 48:13 Md. R. 510, eff. 6/28/2021