Md. Code Regs. 26.01.07.09

Current through Register Vol. 51, No. 20, October 4, 2024

Section 26.01.07.09 - 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 reached during normal business hours;

(2) The name, address, and telephone number of any attorney representing the requester, or a statement that the requester intends to proceed without counsel;

(3) A detailed description of the grounds for the request, including the specific legal right, duty, privilege, or interest of the requester which may be adversely affected by the permit decision, and which is different from those interests held by the general public;

(4) A statement of the specific relief desired as a result of the adjudicatory hearing; and

(5) A general outline of the evidence to be presented in support of the desired relief, including the names and addresses of all witnesses to be called by the requester.

C. If a temporary stay is also requested under Regulation .11 of this chapter, a motion for temporary stay shall accompany the request for contested case hearing.

Md. Code Regs. 26.01.07.09

Regulations .09, Procedure for Adjudicatory Hearings, repealed effective September 17, 1990 (17:18 Md. R. 2200)
Regulations .09, Hearing Procedures for Waterway Obstruction, Waterway Construction, and Water Appropriation and Use Permits, adopted effective September 17, 1990 (17:18 Md. R. 2200)