Md. Code Regs. 26.24.01.05

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

Section 26.24.01.05 - Public Informational Hearings

A. An interested person may request the Department or the Board to hold a public informational hearing on a project requiring public notice. A request shall be in writing to the Department.

B. If a hearing is requested, the Department shall set the date, time, and place for the hearing. Notice of the hearing shall be given by:

(1) Publication in a daily newspaper distributed in one or more counties which the Department determines may be directly affected by the project, or if there is no local daily newspaper, in a newspaper of general circulation in that county;

(2) Publication in the Maryland Register; and

(3) Selected mailing to federal, State, county, or municipal authorities, and other list of interested persons.

C. The hearing shall take place not less than 14 calendar days after publication of the public notice of the public informational hearing.

D. The hearing shall be conducted by a representative of the Board or the Department's designee. The individual authorized to conduct the public hearing shall be designated as the hearing officer.

E. The applicant and interested persons shall be given an opportunity at the informational hearing to present facts and make statements for or against granting the license or permit. Questions may be asked of, and directed to, the hearing officer, but cross-examination may not be conducted. The hearing is not a contested case hearing under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

F. The order of the presentation is determined by the hearing officer and may be conducted as follows:

(1) Introduction of the activity and participants by the hearing officer;

(2) Statement of legal authorities, public policy, and procedures by the hearing officer;

(3) Presentation of the proposed project by the applicant;

(4) Questions about the activity;

(5) Statements by public officials;

(6) Statements in opposition;

(7) Statements in support; and

(8) Closing of the hearing by the hearing officer.

G. The hearing officer has the authority and duty to:

(1) Conduct a full and fair public informational hearing;

(2) Act to avoid unnecessary delay and to maintain order;

(3) Regulate the course of the public hearing and the conduct of the participants;

(4) Extend the time period for providing supplemental written comments or information for inclusion in the hearing record; and

(5) Rule upon a request for a continuance of the hearing.

H. At the close of the public comment period, the hearing officer shall prepare an official record of the public informational hearing or comments.

I. A tape recording or notes of the public informational hearing, if any, may be transcribed if the Department, the applicant, or a participant in the public hearing requests a transcript within 5 working days of the public informational hearing. Costs shall be paid by the requester.

J. After a public hearing, the Wetlands Administrator for the Board shall present the proposed project at a public meeting of the Board. The Board shall make a final decision under COMAR 23.02.04.

Md. Code Regs. 26.24.01.05

Regulations .05 were recodified from Regulations .01, .02, .13, .24, .25, .27, and .28, respectively, under COMAR 08.05.05 Tidal Wetlands, June 1996