Md. Code Regs. 26.24.02.08

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

Section 26.24.02.08 - Appeals

A. License Decisions. A party aggrieved by a decision of the Board may petition the circuit court in the county where the land is located within 30 days after receiving the decision. An aggrieved party's impacted interests shall be specific and different from the interests of the public, and the right to an appeal is limited by law to aggrieved parties.

B. Permit Decisions.

(1) An applicant who is adversely affected by a decision of denial, suspension, revocation, or condition of a permit by the Department may, within 30 days of receipt of the administrative action, file with the Director written exceptions and a request to present oral argument. After considering the written exceptions, the Director may hear argument and shall issue a written final decision.

(2) The applicant, the county, or the municipal government where the land is located may appeal the final decision of the Director to the circuit court in the county where the land is located within 30 days of the final decision.

(3) An applicant may not reapply for a permit under this subtitle until after the expiration of 18 months from the date of the denial, or the final determination of an appeal from the denial.

Md. Code Regs. 26.24.02.08

Regulations .08 were recodified from Regulations .03_.05, .18_.20, .23, and .26, respectively, under COMAR 08.05.05 Tidal Wetlands, June 1996