Md. Code Regs. 14.14.03.03

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

Section 14.14.03.03 - Procedure for Issuing Certificate

A. The notice required by Regulation .01D(7) announcing that a completed application has been received shall contain a brief description of the applicant, site, and facility. It shall also indicate the date, time, and place of the information meeting between the applicant and interested members of the general public. It shall also indicate the possibility of a pre-hearing conference or further procedures as outlined in Regulation .04, below, if an adjudicatory hearing is to be convened. The notice shall advise that the completed application (including the applicant's summary) is available for inspection and copying at the office of the Secretary.

B. This notice shall appear in the Maryland Register and in one or more newspapers of general circulation in the affected county or counties. The cost of all legal notices shall be paid for by the applicant.

C. Any person (other than the applicant or person requesting an adjudicatory hearing pursuant to Regulation .04 below) desiring to make known to the Board other relevant facts concerning an application shall do so within 50 days of the public notice of the completed application. Failure to provide the Board with this information within the 50 day period will preclude its consideration by the Board, unless the Board determines that the information could not have been submitted during the 50-day period. The applicant shall have the opportunity to contest any such information.

D. Information Meeting with Applicant.

(1) A meeting with interested members of the public shall be held in the county in which the proposed site is located at which the applicant will present and discuss its application. The information meeting is the first phase of the public participation process.

(2) If the proposed site is located in two or more counties, the meeting will be held at a location reasonably convenient and accessible to citizens in all these counties.

(3) Notice of the meeting shall be published in the Maryland Register and in one or more newspapers of general circulation in the affected county or counties and sent by ordinary mail to any person who has requested to receive notice of Board meetings. The costs of this notice shall be borne by the applicant.

(4) The meeting will be conducted by the Secretary. The applicant will present its proposal and entertain questions.

E. An adjudicatory hearing may be held after the informational meeting, at times and dates specified by the Board. An adjudicatory hearing is to resolve disputed issues of adjudicative fact raised by the application in accordance with Regulation .04 below, and the Administrative Procedure Act.

F. Upon completion of the factual record on an application, including completion of any adjudicatory hearing, the Board shall schedule a public hearing for the purpose of receiving advice and comment on the application. The hearing shall be conducted in accordance with the procedures set out in Regulation .05 below.

Md. Code Regs. 14.14.03.03