1. A. The appropriate program director of the Administration shall review a request for a contested case hearing to determine whether the:

   1. (1) Requester has a specific legal right, duty, privilege, or interest which is or may be adversely affected by the permit determination, and which is different from that held by the general public;

   2. (2) Requester has raised an adjudicable issue or issues which are:

      1. (a) Reasonably related to the subject of the permit, and
      2. (b) Within the scope of Subtitle 5;
   3. (3) Request was timely made.

2. B. The program director shall determine whether to grant or deny the request for a contested case hearing. If the criteria listed in §A of this regulation are:

   1. (1) Met, the program director or a designee may grant the request for a contested case hearing;
   2. (2) Not met, and the determination is to deny the request for a contested case hearing, the determination shall be in writing and mailed to the requester by certified mail.

3. C. Contents of Notification. The notification of the program director's determination to deny a request for a contested case hearing shall contain the following:

   1. (1) The specific reasons for the denial;
   2. (2) A statement of the right to request a review of the denial under §D of this regulation; and
   3. (3) A statement that if review under this regulation is not sought, the denial is the Department's final decision as to the contested case hearing request.
4. D. Review. A requester who is adversely affected by the determination to deny a request for a contested case hearing may, within 10 calendar days of receipt of the denial, 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.
5. E. Appeal. If the Director's written final decision is adverse to a party other than the Administration, the party may obtain judicial review of the decision in accordance with the Administrative Procedure Act and the Maryland Rules of Procedure.

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Regulations .01—.17, Procedure for Adjudicatory Hearings, repealed effective September 17, 1990 (17:18 Md.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