Ch. 310

LAWS OF MARYLAND

(4) Any [joint] hearing shall be at least 15 but
not more than 60 days after the Department provides public notice
of the hearing. Members of the public shall be provided an
opportunity to comment on the application in writing until the
date of any hearing and copies of the application shall be
available for public inspection at the Department 15 days before
any hearing. A RECORD OF THE HEARING SHALL BE MADE AND BE
AVAILABLE TO THE PUBLIC.

[(5) The Committee shall approve, reject, or modify
the proposed plan. If a hearing is requested, the Committee
shall approve, reject, or modify the proposed plan after the
hearing. If the plan is rejected or modified, the operator shall
be notified in writing of the reason for rejection or the
suggested modification. The operator may resubmit the plan to
the Department with the Committee's requested corrections or
modifications. If the changes are made and the application fully
complies with all provisions of 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.]

(5) THE DEPARTMENT SHALL APPROVE, CONDITIONALLY

APPROVE, OR DENY THE PERMIT APPLICATION. IF A HEARING IS

REQUESTED, THE DEPARTMENT SHALL APPROVE, CONDITIONALLY APPROVE,

OR DENY THE PERMIT APPLICATION AFTER THE HEARING. IF THE

APPLICATION IS DENIED, THE APPLICANT SHALL BE NOTIFIED IN WRITING

OF THE REASON FOR DENIAL. THE APPLICANT MAY RESUBMIT THE

APPLICATION TO THE DEPARTMENT WITH REQUIRED MODIFICATION. IF
THE MODIFICATIONS ARE MADE AND THE APPLICATION FULLY COMPLIES
WITH ALL PROVISIONS OF THIS SUBTITLE AND RULES AND REGULATIONS
ISSUED PURSUANT TO IT, THE DEPARTMENT MAY ISSUE THE PERMIT.

[(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.

(7) The Department shall immediately notify the
operator, local governments, and any participants to a joint
hearing of the decisions by the Committee and the Department.]

(6) THE DEPARTMENT SHALL IMMEDIATELY NOTIFY THE

APPLICANT, LOCAL GOVERNMENTS, AND ANY PARTICIPANTS TO A HEARING
OF ITS DECISION. 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
Title 10, Subtitle 2 of the State Government Article within 30
days of the request and render a decision within 30 days
thereafter.

[(8)] (7) Any applicant, or any person with an
interest which is or may be adversely affected, who has

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