Ch. 59

1993 LAWS OF MARYLAND

(II) BASED UPON AN INCORRECT DETERMINATION OF A
RELEVANT AND MATERIAL FACT.

(B)      A PARTY REQUESTING A CONTESTED CASE HEARING SHALL SUBMIT A
WRITTEN REQUEST FOR ADJUDICATION WITHIN 15 DAYS AFTER PUBLICATION OF A
NOTICE OF FINAL DETERMINATION.

(C)      THE REQUEST FOR ADJUDICATION SHALL SET FORTH THE BASIS FOR THE
REQUEST WITH SUFFICIENT PARTICULARITY TO ASSURE THAT THE ISSUES TO BE
RAISED ARE WITHIN THE SCOPE OF SUBSECTION (A) OF THIS SECTION AND THAT
THE PERSON IS AGGRIEVED BY THE FINAL DETERMINATION.

(D)     A PARTY MAY NOT, IN A CONTESTED CASE HEARING, CHALLENGE A
FACILITY'S COMPLIANCE WITH ZONING AND LAND USE REQUIREMENTS OR
CONFORMITY WITH A COUNTY PLAN ISSUED UNDER TITLE 9, SUBTITLE 5 OF THIS
ARTICLE. HOWEVER, NOTHING IN THIS SUBTITLE SHALL PREVENT A PARTY FROM
CHALLENGING WHETHER THE DEPARTMENT HAS COMPLIED WITH §§ 2-404(B)(2)(II)
AND 9-210(A)(3) OF THIS ARTICLE, WHEN APPLICABLE, NOR DOES THIS SUBTITLE
PREVENT A PARTY FROM CONTESTING THE COMPLIANCE OF THE FACILITY WITH
ZONING AND LAND USE OR COUNTY PLAN REQUIREMENTS IN ANY PROCEEDING
BROUGHT IN ACCORDANCE WITH AND UNDER ANY APPLICABLE LOCAL LAWS.

(E)      A CONTESTED CASE HEARING SHALL BE CONDUCTED IN ACCORDANCE
WITH SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE.

1-606. SUMMARY DISPOSITION.                                                                                      ....

(A)      (1) IF A REQUEST FOR A HEARING IS SO VAGUE OR AMBIGUOUS THAT
THE DEPARTMENT OR THE OFFICIAL CONDUCTING THE HEARING CANNOT
REASONABLY DETERMINE WHETHER SPECIFIC ALLEGATIONS ON ANY ISSUE HAVE
BEEN MADE IN COMPLIANCE WITH § 1-605 OF THIS SUBTITLE, THE DEPARTMENT OR
THE OFFICIAL MAY REQUIRE THE PERSON MAKING THE REQUEST TO FILE A MORE
DEFINITE STATEMENT WITH SPECIFIC ALLEGATIONS WITHIN 15 DAYS.

(2) IF A MORE DEFINITE STATEMENT IS NOT MADE WITHIN 15 DAYS,
THE DEPARTMENT OR THE OFFICIAL CONDUCTING THE HEARING MAY STRIKE THE
REQUEST OR ANY PART OF THE REQUEST.

(B)      (1) THE REQUEST FOR. ADJUDICATION SHALL BE REVIEWED BY THE
DEPARTMENT, AND A DETERMINATION SHALL BE MADE WHETHER THE PERSON
MAKING THE REQUEST IS ENTITLED TO A CONTESTED CASE HEARING UNDER
APPLICABLE LAW ON ALL OR ANY PART OF THE ALLEGATIONS MADE IN THE
REQUEST.

(2) THE DEPARTMENT SHALL DISMISS ALL OR ANY PART OF A REQUEST
FOR A CONTESTED CASE HEARING IF THE DEPARTMENT DETERMINES THAT THE
PERSON IS NOT ENTITLED TO A CONTESTED CASE HEARING UNDER: APPLICABLE
LAW ON ALL OR PART OF THE ALLEGATIONS MADE IN THE REQUEST.

(C)      IN ADDITION TO THE PROVISIONS SET FORTH IN SUBSECTION (B) OF THIS
SECTION AND AT THE REQUEST OF ANY PARTY, INCLUDING THE DEPARTMENT, THE
ADMINISTRATIVE LAW JUDGE SHALL DISMISS ALL OR ANY PART OF A REQUEST FOR

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