1228                                   LAWS OF MARYLAND                                 Ch. 158

writing of the reason for rejection or the suggested
modification. The operator may resubmit the plan to
Department with the Committee's requested corrections or
modifications. If the changes are made and the permit
application fully complies with all provisions of this
subtitle and rules and regulations issued pursuant thereto,
the Department may issue the permit. If the Committee
rejects the plan, the Department may not approve the permit.

(4)  The Department shall review all other
aspects of the application, including information pertaining
to any other permit required from the Department for the
proposed strip mining operation.

(5)  The Department shall immediately notify the
operator, local governments, and all participants to the
joint hearing of the decisions by the Committee and the
Department. Within 30 days of notification, any person
adversely affected by the decision may request an
adjudicatory hearing. The Department shall hold a hearing
in accordance with Article 41 within 30 days of the request
and render a decision within 30 days thereafter.

(6)  ANY APPLICANT, OR ANY PERSON WITH AN
INTEREST WHICH IS OR MAY BE ADVERSELY AFFECTED, WHO HAS
PARTICIPATED IN THE ADMINISTRATIVE PROCEEDINGS AS AN
OBJECTOR, AND WHO IS AGGRIEVED BY THE DECISION OF THE
DEPARTMENT, OR IF THE DEPARTMENT FAILS TO ACT WITHIN THE
TIME LIMITS SPECIFIED IN THIS SUBTITLE, SHALL HAVE THE RIGHT
TO JUDICIAL REVIEW IN ACCORDANCE WITH THE MARYLAND
ADMINISTRATIVE PROCEDURE ACT, ARTICLE 41, § 255, OF THE
ANNOTATED CODE OF MARYLAND.

7-507.

(c) (1) The Department and its agents may enter on and
inspect any open-pit mining operation to determine
conditions of safety and assure compliance with the
provisions of this subtitle, any rules and regulations
promulgated under it and permit conditions, and shall have
access to and the right to copy any records, reports, or
other information required by the Bureau under this
subtitle.

(2) If an operator fails to comply with
requirements of this subtitle, any rule or regulation or
permit condition, the Department immediately shall notify
the operator by certified mail or personal delivery of the
failure and require compliance within a [specified time.
This time may not] REASONABLE TIME BUT NOT TO exceed 90
days, [unless the Department determines in writing that a
longer period is necessary.] Copies of all records,
reports, inspection materials and information shall be
available to the public.] If the operator does not comply
within the time specified, the Department shall issue a
cease and desist order requiring the operator immediately to
cease all or a portion of the open-pit mining operation in