Md. Code Regs. 26.20.31.10

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

Section 26.20.31.10 - Formal Review

A. Within 30 days of issuance of any notice of violation or cessation order, or within 10 days from receipt of the Bureau's decision after an enforcement conference, whichever is later, an operator may request a hearing by the Department to review the notice or order. Formal review may also be requested by any person having an interest which is or may be adversely affected by a notice of violation or cessation order, or by any modification, vacation, or termination of any notice or order, provided that the request shall be submitted within 30 days of the action. All requests shall be submitted to the Bureau, in writing and signed by the requestor, and shall contain:

(1) The full name and address of the person requesting the hearing and a telephone number where he can be reached during normal business hours;

(2) The name, address, and telephone number of any attorney representing the requestor, or a statement that he intends to represent himself;

(3) A detailed description of the grounds for the request, including the interests of the requestor which are or may be adversely affected by the decision of the Bureau;

(4) A statement of the specific relief desired;

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

B. Formal review hearings shall be conducted in accordance with COMAR 26.20.34. The Bureau shall have the burden of proof as to the validity of the notice or order, or modification, termination, or vacation of it.

C. The filing of a hearing request does not operate as a stay of any notice or order, or other action for which review is requested. The requestor for a hearing may file with the hearing officer a written request that the hearing officer grant temporary relief from any notice or order, together with a detailed statement of the reasons for granting the relief. The hearing officer shall issue a decision granting or denying the temporary relief as expeditiously as possible. The hearing officer may grant temporary relief, under those conditions considered appropriate, pending final determination of the proceeding, if:

(1) All parties to the proceeding have been notified and given an opportunity to be heard on a request for temporary relief;

(2) The person requesting temporary relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding;

(3) The relief will not adversely affect the public health or safety, or cause significant imminent environmental harm to land, air, or water resources; and

(4) The relief sought is not the issuance of a permit where a permit has been denied, in whole or in part, by the Bureau.

D. Inability to comply with a notice or order is not grounds for vacation or termination.

Md. Code Regs. 26.20.31.10

Regulations .10 were previously codified as COMAR 08.13.09.40 a A_K, 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.