Md. Code Regs. 26.23.02.09

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

Section 26.23.02.09 - Suspension and Revocation

A. Grounds for Suspension or Revocation. The Department may suspend or revoke a permit or a letter of authorization after notice to the permittee or person issued letter of authorization and opportunity for a hearing if the Department determines that any of the following has occurred:

(1) Failure of a permittee or person issued letter of authorization to post a bond required under COMAR 26.23.04.04;

(2) Permittee or person issued letter of authorization has failed to comply with the requirements of an administrative action or order under this subtitle or for a violation of the Act or this subtitle;

(3) Misrepresentation or fraud in the application process or failure to disclose a relevant or material fact;

(4) Requirements of the permit or letter of authorization have been violated;

(5) Substantial deviation from the plans, specifications, or requirements of the permit or letter of authorization;

(6) Permittee or person issued letter of authorization has prevented a representative of the Department from entering the activity site to make reasonable inspections;

(7) Rights under the permit or letter of authorization have not vested and new information, changes in site conditions, or amended regulatory requirements necessitate revocation or suspension; or

(8) The permittee or person issued letter of authorization has not begun work under the authorization and requested that the permit or letter of authorization be withdrawn.

B. Notice. Except as provided for emergency actions under §D of this regulation, the Department may not suspend or revoke a nontidal wetlands permit or letter of authorization unless the Department first gives written notice by certified mail of the specific facts that warrant suspension or revocation, and an opportunity to to make a written request for a contested case hearing under §C of this regulation.

C. Contested Case Hearings.

(1) Upon receipt of written notice to suspend or revoke a permit or a letter of authorization, the permittee or person issued letter of authorization shall have 10 calendar days to request a contested case hearing.

(2) A hearing under this section shall be conducted in conformance with the Administrative Procedure Act and COMAR 26.01.02 and 26.23.02.09.

(3) If the Department receives no request for a hearing, the permit or letter of authorization shall be revoked or suspended.

D. Emergency Action.

(1) The Department may order the immediate suspension or revocation of a permit letter of authorization if the Department:

(a) (text unchanged)

(b) Promptly gives the permittee or person issued letter of authorization written notice of the emergency action.

(2) A notice of emergency action shall include a statement of the:

(a) Specific facts upon which the emergency action is based; and

(b) Opportunity to be heard, in accordance with §C of this regulation.

Md. Code Regs. 26.23.02.09

Regulations .09 amended as an emergency provision effective October 1, 1993 (20:21 Md. R. 1649); emergency status expired April 1, 1994
Regulations .09 amended as an emergency provision effective June 1, 1994 (21:13 Md. R. 1151);
Regulations .09 amended permanently effective October 24, 1994, (21:21 Md. R. 1813)
Regulations .09 were recodified, under COMAR 08.05.04 Nontidal Wetlands, June 1996; amended effective 45:12 Md. R. 617, eff. 6/18/2018