Md. Code Regs. 26.13.07.20-5

Current through Register Vol. 51, No. 11, May 31, 2024

Section 26.13.07.20-5 - Administrative Procedures-Hearings

A. Public Hearings.

(1) The Secretary:

(a) Shall hold a public hearing whenever the Secretary:

(i) Receives written notice of opposition to a draft permit and a request for a hearing within 45 days of public notice, or

(ii) Receives a written request for a hearing within 45 days of public notice;

(b) May hold a public hearing at the Secretary's discretion, whenever, for instance, a hearing might clarify one or more issues involved in the permit decision;

(c) Shall give public notice of the hearing as specified in Regulation .20-2 of this chapter; and

(d) May cancel a scheduled public hearing if all persons who made timely written requests to hold the hearing withdraw the requests before the hearing is scheduled to begin.

(2) Whenever a public hearing will be held, the Secretary shall designate a hearing officer who shall be responsible for its scheduling and orderly conduct.

(3) Hearing Limitations and Extension of Comment Period.

(a) Any person may submit oral or written statements and data concerning the draft permit.

(b) The Secretary or the hearing officer may:

(i) Set reasonable limits on the time allowed for oral statements; and

(ii) Require the submission of statements in writing.

(c) The Secretary shall consider the public comment period under Regulation .20-2 of this chapter to be automatically extended to 5 days after the close of any public hearing under this section if the comment period was originally scheduled to end sooner than this.

(d) The hearing officer may extend the comment period under Regulation .20-2 of this chapter by announcing the extension of the comment period at the hearing.

(4) The Secretary shall make a tape recording or written transcript of the hearing available to the public.

(5) Whenever possible, the Secretary shall schedule a hearing under this section at a location convenient to the nearest population center to the proposed facility.

B. Contested Case Hearings.

(1) Applicability. This section applies to permits to own, operate, establish, or maintain a CHS facility issued pursuant to Environment Article, § 7-232, Annotated Code of Maryland.

(2) A person may request a contested case hearing to appeal a final determination issued by the Department under Regulation .20-1E of this chapter if the person makes factual allegations with sufficient particularity to demonstrate that:

(a) The person is aggrieved by the final determination; and

(b) The final determination is:

(i) Legally inconsistent with any provisions of law applicable to the final determination being challenged; or

(ii) Based on an incorrect determination of a relevant and material fact.

(3) A person requesting a contested case hearing shall submit a written request for adjudication within 15 days after publication of a notice of final determination.

(4) A person requesting adjudication shall assure that the request sets forth the basis for the request with sufficient particularity to demonstrate that:

(a) The issues to be raised are within the scope of §B(2) of this regulation; and

(b) The person is aggrieved by the final determination.

(5) Challenging Compliance with Zoning and Land Use Requirements.

(a) Except as provided in §B(5)(b) of this regulation, a person may not, in a contested case hearing, challenge a facility's compliance with zoning and land use requirements or conformity with a county plan issued under Environment Article, Title 9, Subtitle 5, Annotated Code of Maryland.

(b) The provisions of §B(5)(a) of this regulation do not prevent a person from:

(i) Challenging whether the Department has complied with Environment Article, §§ 2-404(b)(2)(ii) and 9-210(a)(3), Annotated Code of Maryland, when applicable; or

(ii) Contesting the compliance of a facility with zoning and land use or county plan requirements in any proceeding brought in accordance with and under any applicable local laws.

(6) A contested case hearing shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

(7) Summary Disposition. The Secretary shall comply with the provisions of Environment Article, § 1-606, Annotated Code of Maryland, concerning summary disposition of a request for a contested case hearing.

Md. Code Regs. 26.13.07.20-5