<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 26.23.02.03" title_num="26" subtitle_num="23" chapter_num="02" heading="Permit Decision and Appeal.">
  <paragraph num="A.">
    <text>Permit Decision.</text>
    <paragraph num="(1)">
      <text>After the closing date for receipt of written comments and after a public informational hearing, if requested, the Department shall:</text>
      <paragraph num="(a)">
        <text>Consider the written comments, testimony, and other information received; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Render a decision to grant, deny, or condition a permit within:</text>
        <paragraph num="(i)">
          <text>60 days from the Department's determination that an application is complete and the delineation correct, if no public informational hearing is requested, or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>45 days of a public informational hearing.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The Department may extend the time period in which to render a decision for an additional 30 days for the following extenuating circumstances:</text>
      <paragraph num="(a)">
        <text>Review required by a federal, State, or local government agency;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A Department request for individual permit review under COMAR 26.23.01.03; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A request by an applicant.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The Department may afford the applicant an opportunity to provide additional information to address concerns raised in written comments or testimony at the public informational hearing.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The applicant may request in writing that the Department withhold its decision until additional information can be provided. The Department may withhold its permit decision for 6 months, after which the application shall be deemed withdrawn and a new application submitted, unless otherwise determined by the Department.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The Department may request additional information from the applicant as a result of concerns raised in written comments or testimony at the public informational hearing.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Written notice of the permit decision shall be mailed to the applicant and to all persons on the interested persons list. Notice of the permit decision need not be published.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Work authorized under a permit shall begin within 3 years of the date of permit issuance and the work shall be completed within the time period specified in the permit, which may not exceed 10 years.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>An applicant may not resubmit a denied permit application for 6 months from the date of denial unless there is a substantive change in the application.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>A permit may not be issued, and work may not begin under a permit, unless a final site plan or any other necessary information is provided to the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Appeal of Permit Decision.</text>
    <paragraph num="(1)">
      <text>A person who has legal rights, duties, interests, or privileges different from the general public which are adversely affected by the Department's decision to grant, deny, or condition a permit, may request a contested case hearing.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The contested case hearing request shall be in writing and filed within 30 days of issuance of the permit decision with the unit issuing the decision.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The contested case hearing request shall contain:</text>
      <paragraph num="(a)">
        <text>The name, address, and telephone number of the person requesting the hearing;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The name, address, and telephone number of any attorney representing the person requesting a hearing, or a statement of intent to proceed without counsel;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A description of the grounds for the request, including the specific legal right, duty, privilege, or interest which may be adversely affected by the permit determination, and which is different from those interests held by the general public;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A statement of the specific relief desired as a result of the contested case hearing; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>A general outline of the evidence to be presented in support of the desired relief, including the names and addresses of all witnesses to be called.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>The contested case hearing shall be conducted under the Administrative Procedure Act and COMAR 08.01.04.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The decision of the Department on the basis of the contested case hearing shall be the final decision for purposes of judicial review.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Delegation of Decision-Making Authority.</text>
    <paragraph num="(1)">
      <text>The Chief of the Nontidal Wetlands and Waterways Division in the Water Management Administration shall render the decision to grant, deny, or condition a permit under §A of this regulation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>In the event of an appeal under §B of this regulation, the Director shall render the final decision for the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Determinations on Standing.</text>
    <paragraph num="(1)">
      <text>The Director or a designee shall review a request for a contested case hearing to determine whether the person requesting a hearing has:</text>
      <paragraph num="(a)">
        <text>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="(b)">
        <text>Raised at least one issue that is related to the subject of the permit and arises under the Act or this subtitle; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Made a contested case hearing request within the required 30-day time period.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The Director or a designee shall determine whether to grant or deny the request for a contested case hearing. If the determination is to deny the request for a contested case hearing, the determination shall be in writing and mailed by certified mail to the person requesting a hearing.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The notification of the determination to deny a request for a contested case hearing shall contain the following:</text>
      <paragraph num="(a)">
        <text>The specific reasons for the denial;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A statement of the right to request a review of the denial under §D(4) of this regulation; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A statement that if review under this regulation is not sought, the denial shall be the Department's final decision as to the contested case hearing request.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>A person 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 oral argument, and shall issue a written final decision.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>If the Director's written final decision as to the contested case hearing request is adverse to a party other than the Department, the party may obtain judicial review of the decision in accordance with the Administrative Procedure Act and the Maryland Rules of Procedure.</text>
    </paragraph>
  </paragraph>
</regulation>