Md. Code Regs. 08.19.04.12

Current through Register Vol. 51, No. 24, December 2, 2024

Section 08.19.04.12 - Public Information Hearing

A. An interested person may request in writing a public information hearing.

B. If requested, a public information hearing shall be held on a forest conservation plan or a minor subdivision plan application within 45 days of the expiration date specified in the public notice. After setting the date, time, and place for the hearing, the Department shall mail a hearing notice only to those persons on the interested persons list.

C. The Department may extend the time period for the public information hearing for the following extenuating circumstances:

(1) Inclement weather conditions;

(2) Review required by other State agencies;

(3) A request by an applicant; or

(4) Other justified extenuating circumstances.

D. The Director may delegate all or part of the Director's authority to hold a public information hearing to an employee of the Department. The employee authorized to conduct the public information hearing shall be designated as the presiding official.

E. An applicant and any interested person shall be given an opportunity at the public information hearing to present facts and make statements for or against granting approval of the forest conservation plan. Questions may be asked of, and directed to, the presiding official, but cross-examination may not be conducted. The hearing is not a contested case hearing under State Government Article, §§ 10-201 -10-217, Annotated Code of Maryland.

F. Order of Hearing.

(1) The presiding official may determine the order of presentation of comments and questions at the public information hearing.

(2) The public information hearing may be conducted in the following order:

(a) Introduction by the Department;

(b) Presentation of the proposed project by the applicant;

(c) Comments and questions by public officials;

(d) Comments and questions by other persons; and

(e) Closing of the public information hearing by the presiding officer.

G. The presiding officer has the authority and duty to:

(1) Conduct a full and fair public information hearing;

(2) Act to avoid unnecessary delay and to maintain order; and

(3) Regulate the course of the public information hearing and the conduct of the participants.

H. The presiding officer shall prepare an official record of the public information hearing.

I. A tape recording or stenographic notes of the public information hearing may not be transcribed unless the Department, the applicant, or a participant in the public information hearing requests a transcript. Costs of transcription shall be paid by the person requesting the transcript.

Md. Code Regs. 08.19.04.12

Regulation .12B, E amended effective August 20, 2001 (28:16 Md. R. 1482)