<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 26.11.02.07" title_num="26" subtitle_num="11" chapter_num="02" heading="Procedures for Denying, Revoking, or Reopening and Revising a Permit or Approval.">
  <paragraph num="A.">
    <text>Denial of Approvals, State Permits to Operate or State-Only Enforceable Provisions of a Part 70 Permit.</text>
    <paragraph num="(1)">
      <text>Denial is final unless the applicant requests a hearing before the Department within 15 days after service.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>When a hearing is requested by the applicant, it shall be held pursuant to the contested case provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Denials shall be served as summonses are served, or by certified mail upon the applicant.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Denial of Permits to Construct.</text>
    <paragraph num="(1)">
      <text>A denial of a permit to construct a source, except for a permit to construct a source subject to Regulation .12 of this chapter, is a final determination subject to judicial review in accordance with Regulation .11M of this chapter.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Notice of the denial of a permit to construct shall be given in accordance with the notice of final determination provisions in Regulation .11L of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Revoking or Reopening a Permit. Except as protected by a permit shield provided in accordance with COMAR 26.11.03.23, the Department may issue an order revoking or reopening a State permit to operate, or the State-only enforceable provisions of a Part 70 permit, for violation of a provision of the permit or this subtitle. An order revoking or reopening a permit shall be served as summonses are served or by certified mail upon the permittee, and is final unless the permittee requests a contested case hearing within 15 days after service. When a hearing is requested by the permittee, it shall be held pursuant to the contested case provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text>
  </paragraph>
</regulation>