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Ch. 564
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2002 LAWS OF MARYLAND
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Article — Environment
Section 1-606
Annotated Code of Maryland
(1996 Replacement Volume and 2001 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section(s) 1-606 of Article - Environment of the Annotated Code
of Maryland be repealed.
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:
Article - Environment
1- 605.
(a) A person may request a contested case hearing to appeal a final
determination if the person makes factual allegations with sufficient particularity to
demonstrate that:
(1) The person is aggrieved by the final determination; and
(2) The final determination is:
(i) Legally inconsistent with any provisions of law applicable to the
final determination being challenged; or
(ii) Based upon an incorrect determination of a relevant and
material fact.
(b) (1) A party requesting a contested case hearing shall submit a written
request for adjudication within 15 days after publication of a notice of final
determination.
(2) THE DEPARTMENT SHALL TRANSMIT A REQUEST FOR A CONTESTED
CASE HEARING TO THE OFFICE OF ADMINISTRATIVE HEARINGS WITHIN 5 BUSINESS
DAYS AFTER THE DEPARTMENT RECEIVES THE REQUEST.
(c) The request for adjudication shall set forth the basis for the request with
sufficient particularity to assure that the issues to be raised are within the scope of
subsection (a) of this section and that the person is aggrieved by the final
determination.
(d) A party may not, in a contested case hearing, challenge a facility's
compliance with zoning and land use requirements or conformity with a county plan
issued under Title 9, Subtitle 5 of this article. However, nothing in this subtitle shall
prevent a party from challenging whether the Department has complied with §§
2- 404(b)(1)(ii) and 9-210(a)(3) of this article, when applicable, nor does this subtitle
prevent a party from contesting the compliance of the facility with zoning and land
use or county plan requirements in any proceeding brought in accordance with and
under any applicable local laws.
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- 4212 -
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