WILLIAM DONALD SCHAEFER, Governor                       Ch. 6

Natural Resources Article.

Occurred: Administrative hearing provisions of
Article 41 became Title 10, Subtitle 2 of the State
Government Article in Ch. 284, Acts of 1984.

7-517.

(b) (4) Within 30 days from the date of an assessment order
by the Department, the person charged with the violation may
request an adjudicatory hearing in accordance with [Article 41 of
the Annotated Code of Maryland] TITLE 10, SUBTITLE 2 OF THE STATE
GOVERNMENT ARTICLE; provided that, at the time of the request the
full amount of the penalty must be paid over to the Secretary for
placement in an escrow account pending completion of
administrative and judicial review of the assessment. Failure to
forward the full amount to the Secretary within 30 days of an
assessment order shall result in a waiver of all legal rights to
contest the amount of the penalty or the underlying violation.
If it is eventually determined that no violation occurred, or the
amount of the penalty is reduced, the Secretary shall remit
within 30 days the appropriate amount to the person, with
interest at the rate of 6 percent.

DRAFTER'S NOTE:

Error: Obsolete cross-reference in § 7-517(b)(4) of
the Natural Resources Article.

Occurred: Administrative hearing provisions of
Article 41 became Title 10, Subtitle 2 of the State
Government Article in Ch. 284, Acts of 1984.

7-604.

(b) Land acquired under the provisions of this subtitle may
be sold to a private person, retained by the State, or
transferred to a political subdivision after the land has been
rehabilitated and water pollution from the land has been
controlled. Every purchase, sale, and/or transfer of land is by
action of the Board who may promulgate rules and regulations
governing the transactions. The Board may accept gifts of land
from any private citizen, group, quasi-public organization, or
political subdivision in order to accomplish the purposes of this
subtitle. Land acquired by the State by gift, after
rehabilitation and control of water pollution, either may be sold
or retained by the State or transferred to a political
subdivision as directed by the Board. Any money received from the
sale of land acquired under this section shall be deposited in
the treasury and constitutes a permanent special fund known as
the "Abandoned Mine Drainage Capital [Fund."] FUND". The money in
the Fund may be utilized only for the same purposes as the
proceeds of the loan authorized by this subtitle.

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