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MARVIN MANDEL, Governor 851
REVISOR'S NOTE: This subsection presently appears
as Article 66C, section 681(b) of the Code.
The only changes made are in style.
(B) EMERGENCY ORDERS.--WHEN AN EMERGENCY
REQUIRING IMMEDIATE ACTION EXISTS, THE DEPARTMENT IS
AUTHORIZED TO ISSUE AN EMERGENCY ORDER WITHOUT NOTICE
OR HEARING. AN EMERGENCY ORDER TAKES EFFECT UPON
PROMULGATION. AN EMERGENCY ORDER MAY NOT REMAIN
EFFECTIVE FOR MORE THAN 15 DAYS.
REVISOR'S NOTE: This subsection presently appears
as Article 66C, section 681 (c) of the Code.
The only changes made are in style.
(C) RECORDING; COPIES AS EVIDENCE---AIL RULES,
REGULATIONS, AND ORDERS ISSUED BY THE DEPARTMENT SHALL
BE IN WRITING, ENTERED AND INDEXED IN BOOKS KEPT BY
THE DEPARTMENT AS PUBLIC DOCUMENTS OPEN FOR INSPECTION
DURING NORMAL OFFICE HOURS. A COPY OF ANY RULE,
REGULATION, OR ORDER CERTIFIED BY THE SECRETARY OF THE
DEPARTMENT OR HIS DESIGNEE SHALL BE RECEIVED IN
EVIDENCE IN ALL COURTS WITH THE SAME EFFECT AS THE
ORIGINAL.
REVISOR'S NOTE: This subsection presently appears
as Article 66C, section 681 (d) of the Code.
A substantive change has been made
restricting to the "Secretary or his
designee" the power to certify rules or
orders rather than any member of the
department. The only other changes made
are in style.
(D) ACTION ON PETITION OF INTERESTED
PERSON.--THE DEPARTMENT MAY ACT EITHER UPON ITS OWN
MOTION OR THE PETITION OF ANY INTERESTED PERSON. ON
THE FILING OF A PETITION CONCERNING ANY MATTER WITHIN
ITS JURISDICTION, IT SHALL PROMPTLY FIX A DATE FOR A
HEARING AND CAUSE NOTICE OF THE HEARING TO BE GIVEN.
THE HEARING SHALL BE HELD PROMPTLY AFTER THE FILING OF
THE PETITION. IF THE HEARING RELATES TO THE ISSUANCE
OF A PERMIT FOR OR WITH RESPECT TO A SPECIFIC WELL, IT
SHALL BE HELD IN THE COUNTY OR MUNICIPAL CORPORATION
WHERE THE WELL IS LOCATED. THE DEPARTMENT SHALL ENTER
ITS ORDER WITHIN TEN DAYS AFTER THE HEARING.
REVISOR'S NOTE: This subsection presently appears
as Article 66C, section 681 (e) of the Code.
The only changes made are in style.
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