WILLIAM DONALD SCHAEFER, Governor                            Ch. 739

7-6A-10.2.

(g) [(1) A permittee or an affected property owner who is aggrieved by a
determination of the Department under this section may request a contested case
hearing.

(2)     The request for a contested case hearing shall be made in writing within
14 calendar days following notice of the Department's determination.

(3)      Upon written motion by a party to a contested case hearing, the
Department may grant a temporary stay of the Department's determination, pending a
final decision in the contested case, if:

(i) The parties to the proceeding have been notified and given an
opportunity to be heard on a request for the temporary stay;

(ii) The person requesting the temporary stay shows that there is a
substantial likelihood of prevailing on the merits of the final determination of the
contested case proceeding;

(iii) The temporary stay will not adversely affect the public health or
safety or cause significant imminent environmental harm to natural resources; and

(iv) The conditions and criteria for granting a temporary stay as
provided in regulations for contested case hearings adopted by the Department have been
met.] THE DEPARTMENT SHALL PROVIDE OPPORTUNITY FOR A CONTESTED CASE
HEARING IN ACCORDANCE WITH THE PROVISIONS OF § 8-206 OF THIS ARTICLE.

8-206.

(A)     (1) [If an activity requires more than 1 permit, license, or approval from the
Administration, the Director may] IT IS THE INTENT OF THE GENERAL ASSEMBLY TO
establish [a] consolidated [process to modify the] procedures and notice and hearing
requirements [of] FOR Title 6, Title 7, Title 8, Subtitles 8 and 12, and Title 9 of this
article in order to ensure efficient review and consistent decision making.

[(2) If the Director establishes a consolidated process for the review of an
activity that requires more than 1 permit, license, or approval from the Administration,
the consolidated process shall adhere at least to the most comprehensive public notice
and informational hearing requirements for the issuance of any individual permit, license,
or approval for that activity.]

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

(B)      (1) APPLICANTS SHALL ASCERTAIN THE NAMES AND ADDRESSES OF
ALL CURRENT OWNERS OF PROPERTY CONTIGUOUS TO THE PARCEL UPON WHICH
THE PROPOSED ACTIVITY WILL OCCUR AND PERSONALLY OR BY CERTIFIED MAIL
SERVE NOTICE UPON EACH OWNER.

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