Ch. 739

1994 LAWS OF MARYLAND

(1)      THE REQUESTER HAS A SPECIFIC RIGHT, DUTY, PRIVILEGE, OR
INTEREST WHICH IS OR MAY BE ADVERSELY AFFECTED' BY THE PERMIT
DETERMINATION OR LICENSE DECISION AND WHICH IS DIFFERENT FROM THAT
HELD BY THE GENERAL PUBLIC;

(2)      THE REQUESTER RAISES ADJUDICABLE ISSUES WHICH ARE WITHIN
THE SCOPE OF THE PERMIT AUTHORITY; AND

(3)      THE REQUEST IS TIMELY.

(H) UPON MOTION BY A PARTY TO A CONTESTED CASE HEARING, THE
DEPARTMENT MAY GRANT A TEMPORARY STAY OF THE ISSUANCE OF THE PERMIT
PENDING A FINAL DECISION IN THE CONTESTED CASE, PROVIDED THAT.

(1)      THE PARTIES TO THE PROCEEDING HAVE BEEN NOTIFIED AND
GIVEN AN OPPORTUNITY TO BE HEARD ON A REQUEST FOR THE TEMPORARY STAY;

(2)      THE. PARTY REQUESTING THE TEMPORARY STAY SHOWS THAT
THERE IS A SUBSTANTIAL LIKELIHOOD OF PREVAILING ON THE MERITS OF ISSUES
TO BE PRESENTED DURING THE CONTESTED CASE PROCEEDING;

(3)      THE TEMPORARY STAY WILL NOT ADVERSELY AFFECT THE PUBLIC
HEALTH OR SAFETY OR CAUSE SIGNIFICANT, IMMINENT ENVIRONMENTAL HARM
TO LAND, AIR, OR WATER RESOURCES; AND

(4)      THE CONDITIONS AND CRITERIA FOR GRANTING A TEMPORARY
STAY AS PROVIDED IN REGULATIONS FOR CONTESTED CASE HEARINGS ADOPTED
BY THE DEPARTMENT HAVE BEEN MET.

8-806.

[(a) It is State policy that:

(1)      The processing of applications to issue or modify permits under this
subtitle will be expeditious;

(2)      Any person who is interested in a pending application for issuance or
modification of a permit under this subtitle will be able to:

(i) Obtain readily from the Department information about the
application;

(ii) Offer to the Department information and comments about the
application; and

(iii) Request and be granted a public informational hearing in
accordance with the provisions of this section;

(3)     Any person who is specifically aggrieved by the Department's decision to
issue, modify, or deny a permit under this subtitle will have an opportunity to adjudicate
factual and legal issues in a contested case hearing under Title 10 of the State
Government Article.]

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