MARVIN MANDEL, Governor

2669

DETERMINATION TO THE AGENCY'S BOARD OF REVIEW, OR, [[IF
IT HAS NO BOARD OF REVIEW]] IN THE EVENT THAT THE AGENCY
HAS NO BOARD OF REVIEW, OR IF THE BOARD OF REVIEW HAS NO
JURISDICTION TO REVIEW THE PERMIT, THE MATTER MAY THEN BE
APPEALED, TO THE BOARD OF PUBLIC WORKS ON THE GROUNDS
THAT THE SPECIFIC INFORMATION, TEST, OR STUDY IS
UNNECESSARY OR THAT THE TIME STATED BY THE AGENCY FOR ITS
COMPLETION IS UNREASONABLE. THE APPEAL SHALL BE TAKEN
WITHIN 30 DAYS AFTER THE DETERMINATION IS DELIVERED TO
THE APPLICANT. THE BOARD OF REVIEW, OR THE BOARD OF
PUBLIC WORKS, SHALL PROMPTLY CONSIDER THE APPEAL, AND KAY
AFFIRM, MODIFY, OR REVERSE THE AGENCY'S DETERMINATION,
AND DETERMINE A NEW HEARING DATE WITH RESPECT TO THE
APPLICATION. THE BURDEN SHALL BE UPON THE APPLICANT TO
SHOW THAT THE AGENCY'S DETERMINATION WAS IMPROPER. [[AN
AGENCY SHALL COMMENCE THE TESTS AND STUDIES IT HAS
DETERMINED TO BE REQUIRED, NOTWITHSTANDING AN APPEAL]]
THE AGENCY SHALL CONTINUE ITS EVALUATION OF THE PROJECT.
INCLUDING TESTS AND STUDIES, THROUGH THE APPEAL
PROCEDURE.

65.  ADMINISTRATIVE AND JUDICIAL REVIEW

ADMINISTRATIVE AND JUDICIAL REVIEW OF THE FINAL
ACTION OF A LOCAL GOVERNMENT OR STATE AGENCY ON AN
APPLICATION FOR A PERMIT SHALL BE IN ACCORDANCE WITH THE
LAW AND PROCEDURES GOVERNING THE ISSUANCE OF PERMITS BY
THE PARTICULAR LOCAL GOVERNMENT OR STATE AGENCY.

66.   SCOPE OF SUBTITLE

(A)    THIS SUBTITLE IS APPLICABLE ONLY TO PROJECTS
AS DEFINED IN § 57 AND ONLY THROUGH THE COMPLETION OF
FINAL DECISIONS UNDER § 63. IT IS NOT APPLICABLE TO
APPLICATIONS FOR RENEWALS, AMENDMENTS, OR EXTENSIONS OF A
PERMIT.

(B)    THIS SUBTITLE SHALL NOT AFFECT OR LESSEN ANY
EXCLUSIVE JURISDICTION GRANTED BY LAW TO A LOCAL
GOVERNMENT OR STATE AGENCY TO CONSIDER AND ACT UPON
APPLICATIONS FOR PARTICULAR PERMITS. EACH LOCAL
GOVERNMENT AND STATE AGENCY HAVING SUCH JURISDICTION
SHALL CONTINUE TO EXERCISE IT FREE FROM INTERFERENCE BY
ANY OTHER AGENCY. THE PROCEDURES SET FORTH IN THIS
SUBTITLE, HOWEVER, ARE EXCLUSIVE AND SHALL PREVAIL OYER
ANY INCONSISTENT LAWS, RULES, REGULATIONS OR ORDERS.

(C)    THIS SUBTITLE SHALL NOT AFFECT THE AUTHORITY
OF A LOCAL GOVERNMENT OR STATE AGENCY TO ESTABLISH AND
COLLECT APPLICATION, PERMIT OR OTHER FEES, AND ALL SUCH
FEES SHALL BE PAID IN ACCORDANCE WITH THE LAW AND
PROCEDURES PERTAINING TO THEM.

(D)    THIS SUBTITLE SHALL NOT AFFECT THE AUTHORITY