Md. Code Regs. 26.20.04.08

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.20.04.08 - Public Hearing

A. If a request for a public hearing is received under Regulation .05 of this chapter, the Bureau shall schedule a hearing in the locality of the proposed operation.

B. The Bureau shall provide notice of the public hearing by:

(1) Notifying the applicant and any person who requested a hearing of the date, time, and location of the hearing; and

(2) Publishing the date, time, and location of the hearing in a newspaper of general circulation in the area of the proposed operation.

C. The notice under §B of this regulation shall contain the heading "Notice of Public Hearing on Strip Mine Permit Application" in bold-face type, and information sufficient to identify the particular permit application. The notice shall be published at least 15 but not more than 60 days before the date of the hearing.

D. The public hearing shall be legislative in nature. The rules of evidence do not apply and cross-examination is not permitted. Anyone wishing to speak on the application will be heard. However, the presiding officer may limit the time allowed for oral presentations, or restrict repetitive or irrelevant discussion, in order to ensure an orderly and expeditious hearing. Written statements will be accepted.

E. The applicant shall be present at the hearing and prepared to answer any question regarding the pending application. The Bureau shall make available an employee familiar with the application and its review by the Bureau.

F. Unless waived by all parties, an electronic or stenographic verbatim record shall be made of the hearing proceeding. A party to the hearing may, at the party's expense, obtain a verbatim transcript. The record shall be maintained and shall be accessible to the public until final release of the applicant's performance bond or other equivalent guarantee. In all cases, the Bureau shall prepare an abbreviated transcript of the hearing which will be available to the public.

G. The Presiding Officer may direct that public comment on the application be taken at each individual step in the proceeding, or simultaneously on all aspects of the permit request.

Md. Code Regs. 26.20.04.08

Regulations .08 were previously codified as COMAR 08.13.09.04 a A_G and H_M, 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.
Regulation .08A amended effective March 14, 1994 (21:5 Md. R. 403)
Regulation .08B amended effective October 23, 1995 (22:21 Md. R. 1614)