HARRY HUGHES, Governor

2859

Article - Natural Resources

4-1109.

[(c) Within 30 days of the publication of the last
advertisement, any three or more residents of the State may - file
a written protest against an applicant in the circuit court of
the county in which the area applied for is located, or in the
county nearest to this area, if the area to be leased lies in
more than one county. The clerk of the court shall docket a suit
at law naming the protesters as plaintiffs and the applicant as
defendant. The court shall pass an order directing a summons to
be issued for the defendant, to be served in the same manner as a
summons in an action at law and returned by a day named in the
order. The court shall proceed promptly to hear all evidence
adduced by the parties and. shall decide whether the area
described, in the petition is within any of the prohibited areas
set forth in § 4-1108 of this article and judgment shall be
entered accordingly. This hearing shall be before a jury unless
waived by all parties. An appeal to the Court of Special Appeals
may be taken by either party from the judgment of the circuit
court and the Court of Special Appeals may review all questions
of fact or law. If the final decision declares the area in
question a natural oyster bar, the charts of the Oyster Survey of
1906 to 1912 and its amendments, shall be amended accordingly.
The parties filing petition in the circuit court first shall file
a $25 bond, with sufficient surety, to pay court costs incurred
if the petition is dismissed, and costs are imposed on the
petitioners. Any party taking an appeal to the Court of Special
Appeals shall file a similar bond fixed by the lower court to pay
court costs incurred if the appeal is dismissed and costs are
imposed on the appellant.]

(C)(1) WITHIN 30 DAYS OF PUBLICATION OF THE LAST
ADVERTISEMENT UNDER SUBSECTION (B) OF THIS SECTION, ANY PERSON
WHOSE RIGHTS, STATUTORY ENTITLEMENTS, OR PRIVILEGES MAY BE
AFFECTED ADVERSELY BY THE ISSUANCE OF A PROPOSED LEASE MAY FILE A
PETITION WITH THE DEPARTMENT PROTESTING THE ISSUANCE OF THE
LEASE.                                                                         

(2) THE PROTEST SHALL BE HEARD IN ACCORDANCE WITH THE
CONTESTED CASE PROVISIONS OF THE ADMINISTRATIVE PROCEDURE ACT
UNDER §§ 10-201 THROUGH 10-217 OF THE STATE GOVERNMENT ARTICLE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1986.

Approved May 27, 1986.