Ch. 739                                    1994 LAWS OF MARYLAND

(2)     Publishing the notice for at least 1 business day in a newspaper of
general circulation in the area where the proposed activity would occur. The applicant
shall bear the cost of the newspaper notice; and

(3)     Publishing the notice in the Maryland Register. Notwithstanding any
provision of the State Government Article, this will be the only notice concerning the
permit or any subsequent action by the Department on the permit that will be published
in the Maryland Register.]

[(f) Following review of public comments, if any, the Department may schedule
meetings or public informational hearings as the Department determines appropriate to
solicit additional information from interested persons. Upon written request for a hearing
on matters related to water appropriation of waterway construction, the Department shall
schedule a public informational hearing. The Department shall mail notice of the date,
time, and location of any meeting or public informational hearing on the application to
those on the interested persons list.]

[(g) Following the application review and comment period and after any public
informational hearing on the application, the Department shall issue, modify, or deny the
permit.]

[(h) (1) The Department shall mail notice of the decision to issue, modify, or
deny the permit to the applicant and to those on the interested persons list.

(2) As part of the notice of the decision to issue, modify, or deny the permit,
the Department shall:                                                                                          .

(i) Provide all those oh the interested persons list and the applicant
an opportunity to request a contested case hearing; and

(ii) State a deadline by which requests must be received.]

[(i) Upon request, the Department shall hold a contested case hearing if the
Department determines that:

(1). A hearing requester has a specific right, duty, privilege, or interest which
is or may be adversely affected by the permit determination;

(2)     The requester raises adjudicable issues which are within the scope of this
subtitle; and

(3)     The request is timely.]

[(j) 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 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;

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