WILLIAM DONALD SCHAEFER, Governor Ch. 534

applicant is not granted a lease for any reason the application
fee shall be returned to the applicant.

(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.

(d)  Immediately after the termination of the respective
periods prescribed for the filing of petitions or appeals, or
immediately after the final decision upon any protest or appeal
the Department shall notify the applicant by letter that it is
ready to issue the lease. Upon payment of a recording fee of $5
and a fee of $20 to cover surveying costs, the Department shall
accurately survey the area, execute a lease, enter the lease upon
a book to be known as the "Register of Titles to Oyster Lands,"
and mail the lease to the applicant for his signature.

(e)  If the applicant accepts the lease, he shall sign and
return it together with the first annual rental. If the applicant
fails to accept the lease and pay within 60 days all required
fees, the application and the lease are null and void, and all
payments previously made by the applicant to the Department are
forfeited. The Department may extend the time for acceptance of
the lease for an additional period of 60 days for good cause.

[4-1110.] 4-11A-07.

(a)  The term of leases for submerged lands shall be 20
years at an annual rent the Department deems proper and
commensurate with the value of the leased land.

(b)  If the Department ascertains that any leased area is
affected by environmental factors which destroy or seriously
impede the culture and growth of [oysters] SHELLFISH and
threaten the potential of the area for continued [oyster]
SHELLFISH production, it may reduce or abate the annual rent by
an amount and for a period the Department deems equitable and
reasonable in view of the degree of damage.

(c)  (1) If any part of the rent required by a lease remains
unpaid for more than 60 days after it becomes due, the Department
may declare the lease null and void and the land shall revert to
the State and may be leased again. The Department may cancel any
lease, either in whole or in part, and may diminish or cancel the
annual rental to an extent commensurate with the area remaining
under lease on the written request of the lessee. [If a lessee of

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