<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".02" citation="COMAR 26.21.01.02" title_num="26" subtitle_num="21" chapter_num="01" heading="Surface Mining License.">
  <paragraph num="A.">
    <text>A person may not engage in surface mining within the State without first obtaining a surface mining license.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Application Requirements for Initial License.</text>
    <paragraph num="(1)">
      <text>The application for a license shall be on a form furnished by the Department and shall include all appropriate information required by the Department.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The person making the application shall be as follows:</text>
      <paragraph num="(a)">
        <text>If a corporation is making application, an authorized agent or employee may complete the application, but an officer of the corporation or an authorized agent shall sign the application form;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If a partnership or association is making application, any authorized partner may complete and sign the application form;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>An individual making application shall complete and sign the application form.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The person making application for an initial license shall submit the filing fee prescribed by the Act in the form of cash, check, money order, or any combination, made payable to the Department of the Environment.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>All licenses shall expire on December 31 of the year in which they are issued except as provided in §B(5) of this regulation.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>A license issued for an application that is received after November 1 of any calendar year and is approved by the Department shall be issued for up to 14 months as appropriate to include the entire following calendar year.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Application Requirements for Renewal.</text>
    <paragraph num="(1)">
      <text>An application for renewal shall be submitted by January 1 and shall be on a form furnished by the Department.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Department will provide all current licensees with a renewal form on or before November 30.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The licensee shall submit the filing fee prescribed by the Act in the form prescribed by the Act and §B(3) of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Expired Licenses.</text>
    <paragraph num="(1)">
      <text>If a licensee fails to apply for a renewal by January 1 of any year, the licensee:</text>
      <paragraph num="(a)">
        <text>May not continue to mine any minerals or perform any activity pertaining to surface mining, except reclamation, beyond the expiration date of the license; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Shall apply for an initial surface mining license pursuant to §B of this regulation in order to be reinstated.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>If a license is not renewed, for any reason, then all surface mining permits issued to that person shall be suspended or revoked in accordance with Environment Article, §15-821, Annotated Code of Maryland, and Regulation .05 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Review of Application.</text>
    <paragraph num="(1)">
      <text>Within 10 working days of receipt of an initial or a renewal application, the Department shall review the application to determine whether it contains all information required by §§B and C of this regulation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If all necessary information is not included, the Department may return the application with written notification that further information is required.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Department may deny the license if:</text>
      <paragraph num="(a)">
        <text>In the judgment of the Department the applicant has failed and continues to fail to comply with the provisions of this chapter and the Act; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The applicant does not submit a corrected and acceptable application within 30 days after the applicant has received the application that was returned pursuant to §E(2) of this regulation.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Approval or Denial of License.</text>
    <paragraph num="(1)">
      <text>Within 30 days of receipt of a completed application, the Department shall notify the applicant whether the license has been issued or denied.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the license is issued it shall provide:</text>
      <paragraph num="(a)">
        <text>Name of the licensee;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>License number;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Expiration date;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>That the license is not transferable;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>That the license shall be displayed publicly; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>That the license may be suspended or revoked for cause.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>If the license is denied, the Department shall notify the applicant of the reasons for denial by certified mail.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>A license is not transferable.</text>
  </paragraph>
  <paragraph num="H.">
    <text>A license shall be displayed publicly at the licensee's principal place of business.</text>
  </paragraph>
</regulation>