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Session Laws, 1989
Volume 771, Page 2511   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                    Ch. 305

newspaper published in one or more counties, and in more than one
weekly newspaper of general circulation in one or more counties,
which the Department determines may directly be affected by the
proposed activity. In any county that does not have a daily
newspaper, the publication required under this subsection is
satisfied by publishing a notice for 2 successive weeks in a
newspaper of general circulation in that county. At the public
hearing, the applicant and any interested person shall be given
an opportunity to present facts, evidence, and arguments for or
against granting the application. If a contested case hearing is
requested specifically, the hearing shall be conducted to comply
with the contested case provisions of the Administrative
Procedure Act.]

[(c) If a State political subdivision, acting within its
authority and responsibility, holds, or is required to hold,
public hearings on matters subject to any permit the Department
issues under this section, the State political subdivision and
the Department may hold a joint hearing. However, interested
units and the public shall be notified that it is also a
Department hearing for the purpose of obtaining a Department
permit. At a joint public hearing, the applicant and any
interested person shall be given an opportunity to present facts,
evidence, and arguments for or against granting the application.]

(A)   IT IS STATE POLICY THAT:

(1)  THE PROCESSING OF APPLICATIONS TO ISSUE OR MODIFY
PERMITS UNDER THIS SUBTITLE WILL BE EXPEDITIOUS;

(2)  ANY PERSON WHO IS INTERESTED IN A PENDING
APPLICATION FOR ISSUANCE OR MODIFICATION OF A PERMIT UNDER THIS
SUBTITLE WILL BE ABLE TO:

(I)  OBTAIN READILY FROM THE DEPARTMENT
INFORMATION ABOUT THE APPLICATION AND TO;

(II)  OFFER TO THE DEPARTMENT INFORMATION AND
COMMENTS ABOUT THE APPLICATION; AND

(III) REQUEST AND BE GRANTED A PUBLIC
INFORMATIONAL HEARING IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION;

(3)  ANY PERSON WHO IS SPECIFICALLY AGGRIEVED BY THE
DEPARTMENT'S DECISION TO ISSUE, MODIFY, OR DENY A PERMIT UNDER
THIS SUBTITLE WILL HAVE AN OPPORTUNITY TO ADJUDICATE FACTUAL AND
LEGAL ISSUES IN A CONTESTED CASE HEARING UNDER TITLE 10 OF THE
STATE GOVERNMENT ARTICLE.

(B)  (1) AN APPLICANT FOR A NEW OR MODIFIED PERMIT UNDER
THIS SUBTITLE SHALL ASCERTAIN THE NAMES AND ADDRESSES OF ALL
CURRENT OWNERS OF PROPERTIES THAT HAVE A COMMON BOUNDARY WITH

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Session Laws, 1989
Volume 771, Page 2511   View pdf image
 Jump to  
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