Ch. 388
LAWS OF MARYLAND
and welfare, marine fisheries, shellfisheries, wildlife, economic
benefits, the protection of life and property from flood,
hurricane, and any other natural disaster, and the public policy
set forth in this title. In granting a permit the Secretary may
impose conditions or limitations designed to carry out the public
policy set forth in this title. He may require a bond in an
amount and with surety and conditions satisfactory to him, to
secure compliance with any condition or limitation in the permit.
The Secretary may suspend or revoke a permit if he finds that the
applicant has not complied with any condition or limitation in
the permit or has exceeded the scope of the work as set forth in
the application. The Secretary shall state on the record, his
findings and reasons for any action taken under this subsection.
He shall give notice of his order of issuance, denial,
revocation, or suspension of a permit in a newspaper published
within and having a general circulation in the county where the
wetland lies.
(c) The Secretary or his designee shall [hold a public
hearing] ISSUE PUBLIC NOTICE on the matter within 60 days after
receipt of an application for a permit filed pursuant to this
section. The Secretary shall render a decision within 30 days
after the [hearing] PUBLIC COMMENT PERIOD. Failure to act in
conformance with either of these requirements is automatic
approval of the application for permit as submitted.
9-503.
(A) WHENEVER THE DEPARTMENT BELIEVES A VIOLATION OF ANY
PROVISION OF THIS SUBTITLE OR ANY RULE OR REGULATION HAS
OCCURRED, IT SHALL CAUSE A WRITTEN COMPLAINT TO BE SERVED UPON
THE ALLEGED VIOLATOR. THE COMPLAINT SHALL SPECIFY THE PROVISION
OF LAW OR RULE OR REGULATION ALLEGEDLY VIOLATED AND THE ALLEGED
FACT THAT CONSTITUTES THE VIOLATION. SUBSEQUENT TO OR CONCURRENT
WITH SERVICE OF THE COMPLAINT AS PROVIDED IN SUBSECTION (C) OF
THIS SECTION, THE DEPARTMENT MAY ISSUE AN ORDER REQUIRING
NECESSARY CORRECTIVE ACTION BE TAKEN WITHIN THE TIME PRESCRIBED
IN ITS ORDER.
(B) ANY PERSON NAMED IN THE ORDER MAY REQUEST IN WRITING A
HEARING BEFORE THE DEPARTMENT NOT LATER THAN 10 DAYS AFTER THE
DATE THE ORDER IS SERVED, IN WHICH CASE A HEARING SHALL BE
SCHEDULED WITHIN 10 DAYS FROM RECEIPT OF THE REQUEST. A DECISION
SHALL BE RENDERED WITHIN 30 DAYS FROM THE DATE OF THE HEARING.
NOTICE OF A HEARING SHALL BE SERVED ON THE ALLEGED VIOLATOR IN
ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (C) OF THIS SECTION
NOT LESS THAN 10 DAYS BEFORE THE TIME SET FOR THE HEARING. THE
ORDER SHALL BECOME EFFECTIVE IMMEDIATELY ACCORDING TO ITS TERMS
UPON SERVICE.
(C) EXCEPT AS OTHERWISE PROVIDED, ANY NOTICE, ORDER, OR
OTHER INSTRUMENT ISSUED BY OR UNDER AUTHORITY OF THE DEPARTMENT
MAY SHALL BE SERVED PERSONALLY OR BY PUBLICATION ON ANY PERSON
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