Md. Code Regs. 26.11.02.07
Current through Register Vol. 51, No. 12, June 14, 2024
Section 26.11.02.07 - Procedures for Denying, Revoking, or Reopening and Revising a Permit or ApprovalA. Denial of Approvals, State Permits to Operate or State-Only Enforceable Provisions of a Part 70 Permit. (1) Denial is final unless the applicant requests a hearing before the Department within 15 days after service.(2) When a hearing is requested by the applicant, it shall be held pursuant to the contested case provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. (3) Denials shall be served as summonses are served, or by certified mail upon the applicant. B. Denial of Permits to Construct. (1) A denial of a permit to construct a source, except for a permit to construct a source subject to Regulation .12 of this chapter, is a final determination subject to judicial review in accordance with Regulation .11M of this chapter.(2) Notice of the denial of a permit to construct shall be given in accordance with the notice of final determination provisions in Regulation .11L of this chapter. C. Revoking or Reopening a Permit. Except as protected by a permit shield provided in accordance with COMAR 26.11.03.23, the Department may issue an order revoking or reopening a State permit to operate, or the State-only enforceable provisions of a Part 70 permit, for violation of a provision of the permit or this subtitle. An order revoking or reopening a permit shall be served as summonses are served or by certified mail upon the permittee, and is final unless the permittee requests a contested case hearing within 15 days after service. When a hearing is requested by the permittee, it shall be held pursuant to the contested case provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.Md. Code Regs. 26.11.02.07
Regulations .07 repealed and new Regulations .07 adopted effective May 8, 1995 (22:9 Md. R. 648)
Regulation .07 amended effective 42:24 Md. R. 1506,eff.12/10/2015