3090

LAWS OF MARYLAND

Ch. 668

(F) THE DATE FOR THE HEARING MAY NOT BE LESS THAN 15 DAYS
NOR MORE THAN 30 DAYS AFTER THE DATE OF THE NOTICE UNLESS THE
PARTIES MUTUALLY AGREE ON ANOTHER DATE.

7-6A-17.

(a)  If the Department determines from the inspections of
the affected land required by § 7-6A-25 OF THIS SUBTITLE that the
activities under the mining and reclamation plan and other terms
and conditions of the permit fail substantially to achieve the
purposes and requirements of this subtitle, the Department shall
give the [operator] PERMITTEE written notice of:

(1)  The Department's determination[,];

(2)  The Department's intention to modify the mining
and reclamation plan and other terms and conditions of the permit
in a stated manner[,]; and

(3)  The [operator's] PERMITTEE'S right to a hearing
on the proposed modification at a stated time and place.

(b)  The date for the hearing may not be less than [30] 15
days nor more than [60] 30 days after the date of the notice
unless the Department and the [operator] PERMITTEE 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] PERMITTEE 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] PERMITTEE for a
departmental modification of the permit.

7-6A-18.

(a)  (1) The Department shall serve written notice of a
violation on the [operator] PERMITTEE, 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] THIS SUBTITLE, or [(3)]
the terms and conditions of a permit, including the approved
mining and reclamation plan has occurred.

(2) The Department also shall inform the [operator]
PERMITTEE 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 Department shall inform the [operator] PERMITTEE of
his right to a hearing at a stated time and place. The date for