Plain Text Law

Regulation .10 Determinations on Standing and Adjudicability.

Regulation .10 Determinations on Standing and Adjudicability.Copy Citation

A.
The appropriate program director of the Administration shall review a request for a contested case hearing to determine whether the:
(1)
Requester has a specific legal right, duty, privilege, or interest which is or may be adversely affected by the permit determination, and which is different from that held by the general public;
(2)
Requester has raised an adjudicable issue or issues which are:
(a)
Reasonably related to the subject of the permit, and
(b)
Within the scope of Subtitle 5;
(3)
Request was timely made.
B.
The program director shall determine whether to grant or deny the request for a contested case hearing. If the criteria listed in §A of this regulation are:
(1)
Met, the program director or a designee may grant the request for a contested case hearing;
(2)
Not met, and the determination is to deny the request for a contested case hearing, the determination shall be in writing and mailed to the requester by certified mail.
C.
Contents of Notification. The notification of the program director's determination to deny a request for a contested case hearing shall contain the following:
(1)
The specific reasons for the denial;
(2)
A statement of the right to request a review of the denial under §D of this regulation; and
(3)
A statement that if review under this regulation is not sought, the denial is the Department's final decision as to the contested case hearing request.
D.
Review. A requester who is adversely affected by the determination to deny a request for a contested case hearing may, within 10 calendar days of receipt of the denial, file with the Director written exceptions and a request to present oral argument. After considering the written exceptions, the Director may hear argument and shall issue a written final decision.
E.
Appeal. If the Director's written final decision is adverse to a party other than the Administration, the party may obtain judicial review of the decision in accordance with the Administrative Procedure Act and the Maryland Rules of Procedure.