HARRY HUGHES, Governor

1229

question until the Department determines that the operator
is in full compliance. If the operator persistently or
repeatedly fails to comply with a notice or order, the
Department, after a hearing and final determination that the
operator has failed to show cause, shall suspend or cancel
the permit on this operation. The Department also may order
the immediate stopping of any operation conducted by an
operator who lacks the license or permit required by this
subtitle.

(3) [In addition,] Committee members may enter
on any open-pit operation to determine land reclamation
conditions and progress. Any deficiency noted shall be
reported to the Department. The Committee may order the
Department to suspend the permit until corrective action is
taken.

(4) COPIES OF ANY RECORDS, INSPECTION MATERIALS,

OR INFORMATION OBTAINED UNDER THIS SUBTITLE BY THE

DEPARTMENT SHALL BE MADE AVAILABLE TO THE PUBLIC.

(f)  Within 30 days from the date of a notice or order
under this section, or from the date of a related civil
penalty assessment under § 7-517(b) of this subtitle,
whichever is later, any person HAVING AN INTEREST WHICH IS
OR MAY BE adversely affected may request an adjudicatory
hearing pursuant to Article 41 of the Annotated Code of
Maryland. If a civil penalty assessment is made, any
adjudicatory hearing on the penalty amount shall be combined
with the hearing on the violation, and the assessment must
be paid into escrow in accordance with § 7-517(b)(4) of this
subtitle. The Department shall conduct an investigation and
provide the operator and other interested persons written
notice of the time and place of the hearing at least 5 days
prior to the hearing. Within 30 days of the hearing the
Department shall issue a written decision. Prior to the
decision, the Department may grant temporary relief from a
notice or order if an applicant can show a substantial
likelihood of success on the merits, a public hearing on the
temporary relief is held, and the relief will not adversely
affect the health or safety of the public or cause
significant imminent environmental harm to land, air, or
water resources.

(g)  A person seeking administrative or judicial review
of a notice or order, OR WHO PARTICIPATES IN AN ACTION UNDER
§ 7-523 OF THIS SUBTITLE, may request the Department or
court to assess an opposing party for all expenses,
including attorneys' fees, reasonably incurred by the person
in connection with the proceedings. The Department or
court may order reimbursement as deemed proper.

7-516.

(b) Any person who mines coal by the open-pit mining
method without having received a permit, as provided in this
subtitle, who mines coal by the open-pit mining method