WILLIAM DONALD SCHAEFER, Governor                            Ch. 739

[(7)] (8) The Department shall immediately notify the operator, local
governments, and any participants to a public informational hearing of the decision by the
Department. 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)] (9) Any applicant, or any person with an interest which is or may be
adversely affected, who has participated in the administrative proceedings as an objector,
and who is aggrieved by the decision of the Department, or if the Department fails to act
within the time limits specified in this subtitle, shall have the right to judicial review in
accordance with § 10-215 of the State Government Article.

7-5A-05.

(c) (1) NOTWITHSTANDING ANY PROVISION OF THE STATE GOVERNMENT
ARTICLE, PUBLIC NOTICE ON PENDING APPLICATIONS PROVIDED IN ACCORDANCE
WITH THE PROVISIONS OF THIS SUBTITLE SHALL BE THE ONLY NOTICE REQUIRED
BY LAW.

[(1)](2) Upon submission of the completed applications required by
subsection (b) of this section, the Department shall require the applicant to publish an
approved public notice of the opportunity to submit written comments and to request a
hearing.

[(2)] (3) The public notice shall:

(i) Be published in a newspaper of general circulation in the county of
the proposed mining site at least once a week for 4 successive weeks;

(ii) Identify the ownership of the land within the proposed permit
area;

(iii) Describe the location of the proposed operation sufficiently so that
it can be easily located by local residents;

(iv) Indicate the location where a copy of the application is available
for public inspection; and

(v) Include a statement that written comments and requests for a
public hearing will be received by the Department for 30 days after the last newspaper
publication.

[(3)] (4) The Department shall provide written notice of applications for
permits to any person who requests written notice.

[(4)] (5) Prior to the hearing, the Secretary shall seek the recommendations
of the Land Reclamation Committee concerning the general reclamation plan for the
affected area.

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