# COMAR Title 26 — Department of the Environment

## Subtitle 01 — General Provisions

### Chapter 07 — Hearing Procedures for Waterway Obstruction, Waterway Construction, and Water Appropriation and Use Permits

#### Regulation .10 Determinations on Standing and Adjudicability.

*COMAR 26.01.07.10*

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.