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1402
LAWS OF MARYLAND
Ch. 237
this section conform to the Administrative
Procedure Act, which provides a right of judicial
review of any "final decision" of an agency in a
"contested case". A situation is a contested
case if a party has a right to a hearing (see the
Administrative Procedure Act definition of a
"contested case" in Art. 41, § 244 of the Code).
21-313. SAME
REISSUANCE OF LICENSE.
ON THE AFFIRMATIVE VOTE OF AT LEAST 5 MEMBERS OF THE
BOARD, THE BOARD MAY REINSTATE A LICENSE OR REISSUE A
LICENSE TO ANY PERSON WHOSE LICENSE HAS BEEN SUSPENDED OR
REVOKED.
REVISOR'S NOTE: This section is new language derived
without substantive change from NR § 8-611(c).
SUBTITLE 4. MISCELLANEOUS.
21-401. POWERS OF UNITS OF THIS STATE.
THIS TITLE DOES NOT AFFECT ANY AUTHORITY OF A POLITICAL
SUBDIVISION OF THIS STATE OR ANY OTHER UNIT OF THIS STATE TO
ADOPT OR ENFORCE LAWS, ORDINANCES, RULES, OR REGULATIONS
THAT GOVERN WELLS OR THE USE OF WATER.
REVISOR'S NOTE: This section is new language derived
without substantive change from the third
sentence of present NR § 8-609(a).
As to a limitation on the authority of a
political subdivision or other unit of this State
regarding conservation for public use,
allocation, and development of underground waters
in this State, see NR § 8-602(a).
21-402. PROHIBITION
SUBDIVISIONS.
TO REQUIREMENTS
BY POLITICAL
A POLITICAL SUBDIVISION OF THIS STATE MAY NOT REQUIRE
AS A CONDITION TO PRACTICING WELL DRILLING:
(1) ANY AUTHORIZATION OTHER THAN AS PROVIDED IN
THIS TITLE; OR
(2) ANY ADDITIONAL PERFORMANCE
CONTRACTOR'S LIABILITY INSURANCE.
BOND
OR
REVISOR'S NOTE: This section is new language derived
without substantive change from the second
sentence of NR § 8-609(a) and the fourth sentence
of NR § 8-610(d).
The present term "county" is deleted as included
in the phrase "political subdivision of this
State".
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