Md. Code Regs. 26.20.06.01

Current through Register Vol. 51, No. 19, September 20, 2024

Section 26.20.06.01 - Adjudicatory Hearings

A. This regulation sets out specific provisions for adjudicatory hearings on decisions to deny or approve a permit application. General provisions regarding adjudicatory hearings under the Regulatory Program are contained in COMAR 26.20.34.

B. In order to satisfy any time requirement for requesting an adjudicatory hearing under this chapter, a person need only inform the Bureau, in writing, of his intent to request a hearing. The Bureau shall acknowledge receipt of the request, and notify the requestor that the following information must be submitted, in writing, within 10 days of the date of the notice:

(1) Full name and address of the person requesting the hearing and a telephone number where they 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 as a result of the adjudicatory hearing;

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

C. An adjudicatory hearing will be held within 30 days of receipt of the above information. The Bureau shall notify the applicant and requestor, and any other interested party, of the hearing date, time, and location.

D. The Secretary of the Environment shall designate a hearing officer to preside at adjudicatory hearings under this chapter. However, in the case where a public hearing has been held under COMAR 26.20.04, no person who presided at that hearing may either preside at an adjudicatory hearing under this chapter, or participate in the decision or in any administrative appeal from it.

E. The person requesting an adjudicatory hearing shall have the burden of proof on all aspects of the requested relief.

F. The hearing officer may grant temporary relief, as deemed appropriate pending final determination of the proceeding, provided that:

(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.

G. The Secretary shall render a final decision within 30 days of the close of the hearing record pursuant to COMAR 26.20.34, and shall notify all parties, in writing, of the decision and the reasons for it.

Md. Code Regs. 26.20.06.01

Regulations .01 were previously codified as COMAR 08.13.09.06 a A_C, 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.