<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".10" citation="COMAR 26.01.07.10" title_num="26" subtitle_num="01" chapter_num="07" heading="Determinations on Standing and Adjudicability.">
  <paragraph num="A.">
    <text>The appropriate program director of the Administration shall review a request for a contested case hearing to determine whether the:</text>
    <paragraph num="(1)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Requester has raised an adjudicable issue or issues which are:</text>
      <paragraph num="(a)">
        <text>Reasonably related to the subject of the permit, and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Within the scope of Subtitle 5;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Request was timely made.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Met, the program director or a designee may grant the request for a contested case hearing;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Contents of Notification. The notification of the program director's determination to deny a request for a contested case hearing shall contain the following:</text>
    <paragraph num="(1)">
      <text>The specific reasons for the denial;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A statement of the right to request a review of the denial under §D of this regulation; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>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.</text>
  </paragraph>
  <paragraph num="E.">
    <text>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.</text>
  </paragraph>
</regulation>