Md. Code Regs. 26.20.34.02

Current through Register Vol. 51, No. 21, October 18, 2024

Section 26.20.34.02 - Initial Review of Request for Adjudicatory Hearing

A. The Director shall review a request for an adjudicatory hearing and shall consider the following criteria in reaching a decision to grant or deny an adjudicatory hearing:

(1) Whether the request was timely made;

(2) Whether the request contains all the required information;

(3) Whether the request raises issues within the scope of the statutory authority of the Bureau;

(4) Whether the issues presented in the request are relevant and material; and

(5) Whether the request demonstrates that the requestor has a right, duty, interest, statutory entitlement, or privilege which is or may be adversely affected.

B. If the request for an adjudicatory hearing contains insufficient information for the Director to reach a decision, the Director shall notify the requestor, in writing and by certified mail, of the information that shall be submitted. The Director's notification shall require the requestor to submit the information, in writing, within 10 days of the receipt of the notification by the requestor.

C. The Director shall notify the requestor, in writing and by certified mail, of a decision to grant or deny an adjudicatory hearing.

D. If the Director denies the request for an adjudicatory hearing, the notice required by this regulation shall inform the requestor that for any hearing request filed after December 28, 1989, the requestor has the right to request a review of the denial by filing a motion for reconsideration with the Director of the Water Management Administration within 10 days of receipt of the notice. The notice shall also inform the requestor that, if no motion for reconsideration is filed within 10 days, the denial is the Department's final decision as to the adjudicatory hearing request.

E. If a motion for reconsideration is filed, the motion shall be accompanied by a written statement of the grounds in support of the motion, and if oral argument is requested, a written statement to that effect. Within 10 days of receipt of a motion for reconsideration, the Bureau may file a written response with the Director of the Water Management Administration. After considering the motion and supporting statement and the Bureau's response, if any, the Director of the Water Management Administration or the Director's designee may hear oral argument, and shall issue a written final decision.

F. If the final decision of the Director of the Water Management Administration, or the Director's designee, is adverse to a party other than the Bureau, the party may obtain judicial review of the decision in accordance with the provisions of the Maryland Administrative Procedure Act and the Maryland Rules of Procedure.

G. If the Director grants the request for an adjudicatory hearing, the Director shall forward the request to the Secretary or the Secretary's designee. The Secretary or the Secretary's designee shall act as the hearing officer. The hearing officer shall give notice to all parties of the date, time, and place of the hearing.

Md. Code Regs. 26.20.34.02

Regulations .02 were previously codified as COMAR 08.13.09.43 a A_D, E_J, and K_O, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.