1. (a)

   1. (1) In this section the following words have the meanings indicated.
   2. (2) “Board” means the Board of Public Works.
   3. (3) “License” means a license under § 16-202 of this article.

2. (b) This section applies to:

   1. (1) A permit listed under § 1-601(a) of this subtitle;
   2. (2) A permit listed under § 5-204(f) of this article; or
   3. (3) A license issued under § 16-202 of this article.

3. (c) Any judicial review of a determination provided for in accordance with § 1-601 of this subtitle or § 5-204 or § 16-204 of this article shall be limited to a record compiled by the Department or Board, consisting of:

   1. (1) Any permit or license application and any data submitted to the Department or Board in support of the application;
   2. (2) Any draft permit or license issued by the Department or Board;
   3. (3) Any notice of intent from the Department or Board to deny the application or to terminate the permit or license;
   4. (4) A statement or fact sheet explaining the basis for the determination by the Department or Board;
   5. (5) All documents referenced in the statement or fact sheet explaining the basis for the determination by the Department or Board;
   6. (6) All documents, except documents for which disclosure is precluded by law or that are subject to privilege, contained in the supporting file for any draft permit or license;
   7. (7) All comments submitted to the Department or Board during the public comment period, including comments made on the draft application;
   8. (8) Any tape or transcript of any public hearings held on the application; and
   9. (9) Any response to any comments submitted to the Department or Board.

4. (d)

   1. (1) When a draft permit or license or tentative determination is issued, the Department or Board shall:

      1. (i) Make available for inspection and copying no later than the date the permit, draft license, or tentative determination is issued:

         1. 1. All permit or license applications;
         2. 2. Documents submitted with a permit or license application;
         3. 3. All documents relied on in making the tentative determination; and
         4. 4. A privilege log that identifies all documents not produced for inspection in accordance with subsection (c)(6) of this section and states the reasons for withholding each document; and
      2. (ii) Extend the public comment period by 60 days on request by a person.

   2. (2) A request submitted to the Department or Board under paragraph (1)(ii) of this subsection shall be:

      1. (i) Submitted in writing; and
      2. (ii) Made before the expiration of the original comment period.
   3. (3) A public comment period may not be extended more than once under paragraph (1)(ii) of this subsection.

Added by Acts 2009, c. 650, § 2, eff. Jan. 1, 2010; Acts 2009, c. 651, § 2, eff. Jan. 1, 2010.