Md. Code Regs. 14.14.03.05

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

Section 14.14.03.05 - Procedure for Public Hearing on an Application

A. After completion of the factual record for each application being considered, the Board shall schedule a public hearing. The hearing shall be held in the county in which the proposed site is located. If the proposed site is located in two or more counties, the hearing will be held at a location reasonably convenient and accessible to the citizens of all these counties.

B. Notice.

(1) Notice will be given by:

(a) Publication at least 15 calendar days in advance in the Maryland Register and one or more newspapers of general circulation in the county or counties in which the proposed site is located;

(b) Ordinary mail to the governing body of any county in which the proposed site is located and the governing body of every adjoining county and every incorporated municipality within 10 miles of the site; and

(c) Ordinary mail to any person who has requested to receive notice of Board meetings.

(2) Arrangements for all legal notices shall be made by the Board at the expense of the applicant.

C. At least a majority of the members of the Board shall be present at the public hearing.

D. The Chairman may be the hearing officer or the chairman may designate another Board member or person as hearing officer.

E. At the public hearing the Board shall:

(1) Announce any findings of facts which may have been determined in any adjudicatory hearing or by the Department or otherwise in respect to a particular application.

(2) Receive advice and comments from interested persons as to the suitability of the site in question.

(3) Receive advice and comment from interested persons on any issues of policy identified by the Board as being presented by the application. Any issues so identified by the Board shall be stated in the public notice announcing the public hearing.

F. The Board may permit the parties to any adjudicatory hearing to present their final arguments at the public hearing or may schedule the arguments at another meeting before the public hearing as time and circumstances permit.

G. The record shall remain open for written public advice and comment for a period to be specified by the Board, but not less than 15 days.

H. The Board may establish procedural rules governing the conduct of hearings, consolidation of hearings, ceding of time, time limits, and other such matters as the Board deems appropriate.

Md. Code Regs. 14.14.03.05