1. A. A request for contested case hearing may be accompanied by a motion for temporary stay of the issuance of the Subtitle 5 permit pending a final decision in the contested case.

2. B. Contents. A motion filed pursuant to §A of this regulation shall contain a:

   1. (1) Detailed description of how the criteria for granting a temporary stay, as set forth in Environment Article, §5-506, Annotated Code of Maryland, and COMAR 08.01.04.25 have been met; and
   2. (2) Statement of points and authorities in support of the motion.
3. C. The requester has the burden of producing all evidence in support of the motion.

4. D. Procedure.

   1. (1) Within 10 calendar days of the Administration's decision to grant a request for a contested case hearing, the Director or designee shall afford all parties an opportunity to present oral argument in support of, or in opposition to, a motion filed in accordance with §A of this regulation. This may be conducted by telephoned conference call.
   2. (2) Within 5 calendar days of oral argument, the Director or designee shall issue a final written decision granting or denying the motion for temporary stay.

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Regulations .01—.17, Procedure for Adjudicatory Hearings, repealed effective September 17, 1990 (17:18 Md.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