2792

LAWS OF MARYLAND

[Ch. 581

PROPOSED MODIFICATION AT A STATED TIME AND PLACE.

(B)    THE DATE FOR THE HEARING MAY NOT BE LESS THAN
30 DAYS NOR MORE THAN 60 DAYS AFTER THE DATE OF THE
NOTICE UNLESS THE DEPARTMENT AND THE OPERATOR MUTUALLY
AGREE ON ANOTHER DATE. FOLLOWING THE HEARING THE
DEPARTMENT MAY MODIFY THE MINING AND RECLAMATION PLAN AND
OTHER TERMS AND CONDITIONS OF THE PERMIT IN THE MANNER
STATED IN THE NOTICE OR IN ANOTHER MANNER IT DEEMS
REASONABLY APPROPRIATE IN VIEW OF THE EVIDENCE SUBMITTED
AT THE HEARING. REFUSAL OF THE OPERATOR TO COMPLY WITH
THE CONDITIONS SET FORTH IN THE PERMIT SO MODIFIED BY THE
DEPARTMENT SHALL RESULT IN THE REVOCATION OF THE PERMIT.

(C)   NO FEE MAY BE CHARGED TO THE OPERATOR FOR A
DEPARTMENTAL MODIFICATION OF THE PERMIT.

[[7-7B18]] 7-6A18. SUSPENSION OR REVOCATION OF A PERMIT.

(A)    THE DEPARTMENT SHALL SERVE WRITTEN NOTICE OF A
VIOLATION ON THE OPERATOR, SPECIFYING THE FACTS
CONSTITUTING THE APPARENT VIOLATION IF THE DEPARTMENT HAS
REASON TO BELIEVE THAT A VIOLATION OF (1) THIS SUBTITLE,
(2) ANY RULES OR REGULATIONS ADOPTED UNDER IT, OR (3) THE
TERMS AND CONDITIONS OF A PERMIT, INCLUDING THE APPROVED
MINING AND RECLAMATION PLAN HAS OCCURRED. THE DEPARTMENT
ALSO SHALL INFORM THE OPERATOR OF HIS RIGHT TO A HEARING
AT A STATED TIME AND PLACE. SUBSEQUENT TO OR CONCURRENT
WITH SERVICE OF THE WRITTEN NOTICE, THE DEPARTMENT MAY
SUSPEND THE PERMIT OR ISSUE AN ORDER UNTIL THE VIOLATION
IS CORRECTED.

(B)   [[THE DATE FOR THE HEARING MAY NOT BE LESS THAN
30 DAYS NOR MORE THAN 60 DAYS AFTER THE DATE OF THE
NOTICE, UNLESS THE DEPARTMENT AND THE OPERATOR MUTUALLY
AGREE ON ANOTHER DATE. THE OPERATOR MAY APPEAR AT THE
HEARING, EITHER PERSONALLY OR THROUGH COUNSEL, AND
PRESENT EVIDENCE AS HE DESIRES IN ORDER TO PROVE THAT NO
VIOLATION HAS TAKEN PLACE OR EXISTS. IF THE OPERATOR OR
HIS REPRESENTATIVE DO NOT APPEAR AT THE HEARING, OR IF
THE DEPARTMENT FOLLOWING THE HEARING FINDS THAT THERE HAS
BEEN A VIOLATION, THE DEPARTMENT MAY SUSPEND THE PERMIT
UNTIL THE VIOLATION IS CORRECTED OR MAY REVOKE THE PERMIT
IF THE VIOLATION APPEARS TO BE WILFUL.]] THE DEPARTMENT
SHALL INFORM THE OPERATOR OF HIS RIGHT TO A HEARING AT A
STATED TIME AND PLACE. THE DATE FOR THE HEARING MAY NOT
BE LESS THAN FIVE DAYS NOR MORE THAN 15 DAYS AFTER THE
DATE OF THE NOTICE, UNLESS THE DEPARTMENT AND THE
OPERATOR MUTUALLY AGREE ON ANOTHER DATE. THE OPERATOR
MAY APPEAR AT THE HEARING, EITHER PERSONALLY OR THROUGH
COUNSEL, AND PRESENT EVIDENCE ON HIS BEHALF. THE
DEPARTMENT SHALL RENDER A DECISION REGARDING THE
VIOLATION WITHIN TEN DAYS FROM THE DATE OF THE HEARING.