700

LAWS OF MARYLAND

Ch. 145

OF ITS TENTATIVE DECISION AND OF AN OPPORTUNITY for [a]
public hearing [on the application].

(b) The applicant personally or by registered or
certified mail shall serve every adjacent property owner
with notice of the application and certify this fact to the
Department. [In addition, he shall notify] THE DEPARTMENT
SHALL PROVIDE, TO the public AND THE APPLICANT, NOTICE of
the [application] TENTATIVE DECISION and THE OPPORTUNITY
FOR PUBLIC hearing by publication AT LEASE once in [each
week for two successive weeks prior to the hearing AFTER
RECEIPT OF THE APPLICATION, in a daily newspaper published
in one or more counties, and in more than one] A DAILY OR
weekly newspaper of general circulation in one or more
counties, which the Department determines may be directly
affected by the proposed ACTIVITY [appropriation, use,
construction, reconstruction, or repair ] . The applicant
also shall notify by registered or certified mail the mayor
or chief executive officials of each city, the county
legislative body and chief executive official of each
affected county, and the proper official of any interested
State unit or political subdivision] ACTIVITY. The
DEPARTMENT SHALL ALLOW AT LEAST 15 DAYS AFTER THE PUBLIC
NOTICE TO RECEIVE REQUESTS FOR A HEARING. IF THE DEPARTMENT
DOES NOT RECEIVE A REQUEST FOR A HEARING, THE DEPARTMENT MAY
ISSUE OR DENY THE PERMIT WITHOUT A HEARING. WITHIN 30 DAYS
AFTER RECEIPT OF A HEARING REQUEST, THE DEPARTMENT SHALL SET
THE date, place, and time [fixed by the Department] for the
public hearing [on the application] AND shall [be stated in
the public] PUBLISH notice OF THE HEARING IN A DAILY OR
WEEKLY NEWSPAPER OF GENERAL CIRCULATION IN ONE OR MORE
COUNTIES WHICH MAY BE AFFECTED BY THE PROPOSED ACTIVITY
ONCE IN EACH WEEK FOR 2 SUCCESSIVE WEEKS IN A DAILY
NEWSPAPER PUBLISHED IN ONE OR MORE COUNTIES, AND IN MORE
THAN ONE WEEKLY NEWSPAPER OF GENERAL CIRCULATION IN ONE OR
MORE COUNTIES, WHICH THE DEPARTMENT DETERMINES MAY DIRECTLY
BE AFFECTED BY THE PROPOSED ACTIVITY. At the public
hearing, the applicant and any interested person shall be
given an opportunity to present facts, evidence, and
arguments for or against granting the application. IF A
CONTESTED CASE HEARING IS REQUESTED SPECIFICALLY, THE
HEARING SHALL BE CONDUCTED TO COMPLY WITH THE CONTESTED CASE
PROVISIONS OF THE ADMINISTRATIVE PROCEDURES ACT.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1979.

Approved May 1, 1979.

CHAPTER 146
(House Bill 280)