1. A. The Director may delegate all or part of the authority to hold a public informational hearing to a presiding official or to a hearing examiner.

2. B. Hearing Procedures.

   1. (1) The public informational hearing shall be conducted under the applicable statutes.
   2. (2) The Administrative Procedure Act and COMAR 08.01.04 do not apply to public informational hearings.
   3. (3) The applicant, Administration representatives, and interested persons may offer information or comments for or against granting the application.
   4. (4) Questions may be asked of, and directed to, the presiding official, but cross-examination may not be conducted.

3. C. Order of Presentation. The presiding official may conduct the public informational hearing in the following order:

   1. (1) Introduction by the Administration;
   2. (2) Presentation of proposed project by the applicant;
   3. (3) Comments and questions by public officials;
   4. (4) Comments and questions by other persons; and
   5. (5) Closing of the public informational hearing record.

4. D. Powers and Duties of the Presiding Official. The presiding official has the authority to:

   1. (1) Conduct a full and fair public informational hearing;
   2. (2) Avoid unnecessary delay and maintain order; and

   3. (3) Regulate the course of the public hearing and the conduct of the participants, including the power to:

      1. (a) Accept written comments, documents, and other exhibits;
      2. (b) Extend the closing of the record;
      3. (c) Continue the hearing;
      4. (d) Record the hearing;
      5. (e) Request that participants and observers sign an attendance register and provide a mailing address; and
      6. (f) Change the location or date of a hearing to accommodate special circumstances or needs of the participants.

Authority: Environment Article, §§1-404, 5-203, and 5-506; State Government Article, §10-206; Annotated Code of Maryland

Effective date: August 17, 1977 (4:17 Md. R. 1296)

Regulations .01—.17, Procedure for Adjudicatory Hearings, repealed effective September 17, 1990 (17:18 Md. R. 2200)

Regulations .01—.12, Hearing Procedures for Waterway Obstruction, Waterway Construction, and Water Appropriation and Use Permits, adopted effective September 17, 1990 (17:18 Md. R. 2200)

Chapter recodified from COMAR 08.05.06 to COMAR 26.01.07, June 1996