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Session Laws, 1976
Volume 734, Page 175   View pdf image
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MARVIN MANDEL, Governor

175

place of a joint or consolidated hearing, the applicant
shall give public notice of the application and hearing.
The notice shall be given by publication [one] ONCE' in
each of two successive weeks prior to the hearing in a
newspaper of general circulation within each county in
which the project is to be located. The coordinator
shall cause the notice to be published also in the
Maryland Register.

64.

(a) A State agency is entitled to an extension of
the time specified in § 60 (c) for conducting or
participating in a hearing, and of the time specified in
§ 63 for making a decision on the application if it (1)
determines in writing that the application and appendices
are lacking in specific required information or that
technical information, tests or studies are necessary for
consideration of the application, or that new information
requiring further evaluation has been obtained from the
public hearing, (2) states the specific information,
tests, and studies needed, and (3) states the time
required for their completion, if the information, tests,
or studies are not required to be submitted by or on
behalf of the applicant. [this] THIS determination shall
be delivered to the coordinator and to the applicant not
later than 10 days prior to the scheduled hearing date.

(c) The applicant may appeal the agency's
determination to the agency's board of review, or, 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 may 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. The agency shall continue its evaluation of
the project, including tests and studies, through the
appeal procedure.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1976.

Approved April 1, 1976.

CHAPTER 92

 

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Session Laws, 1976
Volume 734, Page 175   View pdf image
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