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Session Laws, 1987
Volume 769, Page 3161   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 680

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 OR PERMIT
REVISION.

[(4)] (5) (6) 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)] (6) (7) The Department shall immediately notify
the operator, local governments, and [all] ANY participants to
[the] A 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)] (7) (8) 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, § 10-215 of the
State Government Article of the Annotated Code of Maryland.

7-5A-05.

(c)  [Within] (1) (I) UPON SUBMISSION OF THE COMPLETED
APPLICATIONS REQUIRED BY SUBSECTION (B) OF THIS SECTION, THE
SECRETARY SHALL ISSUE PUBLIC NOTICE OF THE OPPORTUNITY TO SUBMIT
WRITTEN COMMENTS AND TO REQUEST A HEARING.

(II) THE DEPARTMENT SHALL PROVIDE WRITTEN
NOTICE OF APPLICATIONS FOR PERMITS TO ANY PERSON WHO REQUESTS
WRITTEN NOTICE.                             

(2)   IF A HEARING IS REQUESTED, WITHIN 60 days after
submission of the completed applications required by subsection
(b) of this section, the Secretary shall conduct a hearing with
the operator. The hearing shall be conducted in a manner that
fulfills the requirements of all other permit provisions of the
Natural Resources Article.

(3)  Prior to the hearing, the Secretary shall seek
the recommendations of the Land Reclamation Committee concerning
the general reclamation plan for the affected area.

(d)  [After] (1) THE SECRETARY SHALL APPROVE, REJECT, OR
MODIFY THE PROPOSED DEEP MINING PLANS. IF A HEARING IS

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Session Laws, 1987
Volume 769, Page 3161   View pdf image
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