Ch. 488                                   -1995 LAWS OF MARYLAND

(1)     The request shall be received prior to the close of the public comment
period.

(2)     A public informational hearing shall be held within 45 calendar days of
the close of the public comment period.

(3)     The Department shall specify the date, time, and location of the public
hearing.

(4)     The Department shall mail notice of the date, time, and location of any
public informational hearing on an application to those persons on the interested persons
list no later than 14 calendar days prior to the hearing.

(5)     The Department may extend the official record of a public informational
hearing.

(d)     Following the application review and comment period and within 30 calendar
days after the close of the public informational hearing record, the Department shall
issue, modify, or deny the permit or license unless extenuating circumstances justify an
extension of time.

(e)     The Department shall mail notice of a decision to issue, modify, or deny a
permit or license to the applicant and to those persons on the interested persons list.

(f)     When opportunity for a contested case hearing on the Department's decision
to issue, modify, or deny a permit or license is provided by law, the Department shall
provide all persons on the interested persons list and the applicant an opportunity to
make a written request for a contested case hearing within 14 calendar days of the mailing
date of the notice of decision.

(g)     Upon written request the Department shall grant a contested case hearing if it
determines that:

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

(2)     The requester raises adjudicable issues which are within the scope of the
permit authority; and

(3)     The request is timely.

(h) Upon motion by a party to a contested case hearing, the Department may
grant a temporary stay of the issuance of the permit pending a final decision in the
contested case, provided that:

(1)     The parties to the proceeding have been notified and given an
opportunity to be heard on a request for the temporary stay;

(2)     The party requesting the temporary stay shows that there is a substantial
likelihood of prevailing on the merits of issues to be presented during the contested case
proceeding;

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