Md. Code Regs. 26.20.34.06

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

Section 26.20.34.06 - Procedure after Testimony is Concluded

A. The hearing officer shall notify all parties by certified mail as soon as the hearing record is compiled and available.

B. Within 15 days from the date of the notification in §A of this regulation, any party may file proposed findings of fact, conclusions of law, and a brief in support thereof with the hearing officer. Copies shall be mailed to all other parties at the same time.

C. Within 60 days from the notification in §A of this regulation, the hearing officer shall prepare a proposed decision with findings of fact and conclusions of law. The proposed decision shall be submitted to the Director of the Water Management Administration and copies shall be mailed to all parties.

D. Within 15 days of receipt of the proposed decision of the hearing officer, any party adversely affected may file written exceptions and request oral argument before the Director of the Water Management Administration, unless the Director of the Water Management Administration has personally heard the evidence at the adjudicatory hearing.

E. If exceptions and a request to present oral argument are filed, the Director of the Water Management Administration shall notify the parties of the date, time, and place for the argument. The oral argument shall be heard within 15 days from receipt of the exceptions and request to present oral argument.

F. The Director of the Water Management Administration shall render a final decision within 30 days of receipt of the proposed decision of the hearing officer, or from the receipt of written exceptions, or date of oral argument, whichever is later.

G. If the final decision is adverse to a party to the hearing other than the Bureau, the party is entitled to judicial review in accordance with State Government Article, § 10-222, Annotated Code of Maryland.

H. The time limits in this regulation may be adjusted as required to meet specific statutory deadlines, or to ensure full presentation of all relevant evidence, provided, however, that a decision on a request to review a cessation order issued for a violation which creates an imminent danger to the health or safety of the public, or is causing, or can reasonably be expected to cause, significant, imminent environmental harm to land, air, or water resources, or for failure to abate a violation within the time limits set in the order pursuant to Environment Article, § 15-508(f), Annotated Code of Maryland, shall be rendered by the hearing officer within 30 days of receipt of the application for review, unless temporary relief is granted by the hearing officer.

Md. Code Regs. 26.20.34.06

Regulations .06 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.
Regulation .06G amended effective December 27, 1999 (26:26 Md. R. 1961)