WILLIAM DONALD SCHAEFER, Governor                              Ch. 59

Article - Natural Resources

1-106.

(A)     IN THIS ARTICLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(B)      "INFORMATIONAL MEETING" MEANS A MEETING, OPEN TO THE PUBLIC,
AT WHICH THE APPLICANT OR THE DEPARTMENT OF NATURAL RESOURCES
PRESENTS INFORMATION CONCERNING A PERMIT OR CERTIFICATE APPLICATION.
AN INFORMATIONAL MEETING IS NOT A CONTESTED CASE HEARING NOR AN
AGENCY HEARING UNDER § 10-202(D) OF THE STATE GOVERNMENT ARTICLE.

(C)      "PUBLIC HEARING" MEANS A MEETING, OPEN TO THE PUBLIC, AT WHICH
THE DEPARTMENT OF NATURAL RESOURCES RECEIVES ORAL AND WRITTEN
COMMENTS CONCERNING A DECISION TO ISSUE OR DENY A PERMIT OR
CERTIFICATE. A PUBLIC HEARING IS NOT A CONTESTED CASE HEARING NOR AN
AGENCY HEARING UNDER § 10-202(D) OF THE STATE GOVERNMENT ARTICLE.

3-706.

(e) (1) [Prior to March 1, 1981, the] THE Board shall [present at public
hearing, adopt, and publish rules] ADOPT REGULATIONS describing and governing the
procedure for obtaining a certificate, INCLUDING PROCEDURES UNDER PARAGRAPH
(2) OF THIS SUBSECTION. The provisions of this section do not exempt the Board from
the requirements of Title 10, Subtitles 1 and 2 of the State Government Article.

(2) PROCEDURAL REGULATIONS ADOPTED UNDER THIS SUBSECTION
SHALL:

(I)      PROVIDE FOR NOTICE TO INTERESTED PERSONS OF ANY
DECISION TO ISSUE OR DENY A CERTIFICATE;

(II)     PERMIT A PERSON TO REQUEST A HEARING UNDER TITLE 10,
SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE (ADMINISTRATIVE PROCEDURE
ACT - CONTESTED CASES), IF THE PERSON MAKES FACTUAL ALLEGATIONS WITH
SUFFICIENT PARTICULARITY TO DEMONSTRATE THAT:

1. THE PERSON IS AGGRIEVED BY THE DECISION; AND

2. THE DECISION IS:

A.       LEGALLY INCONSISTENT WITH ANY PROVISION OF LAW
APPLICABLE TO THE DECISION BEING CHALLENGED; OR

B.       BASED UPON AN INCORRECT DETERMINATION OF A
RELEVANT AND MATERIAL FACT;

(III) PROVIDE THE BOARD WITH DISCRETIONARY AUTHORITY TO
STAY THE EFFECTIVENESS OF ITS DECISION PENDING THE OUTCOME OF THE
HEARING; AND

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