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§ 1-606. Judicial review limited to record

West's Annotated Code of MarylandEnvironmentEffective: January 1, 2010

West's Annotated Code of Maryland
Environment
Title 1. Definitions; General Provisions; Enforcement (Refs & Annos)
Subtitle 6. Public Participation in the Permitting Process (Refs & Annos)
Effective: January 1, 2010
MD Code, Environment, § 1-606
§ 1-606. Judicial review limited to record
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Board” means the Board of Public Works.
(3) “License” means a license under § 16-202 of this article.
Scope of section
(b) This section applies to:
(1) A permit listed under § 1-601(a) of this subtitle;
(2) A permit listed under § 5-204(f) of this article; or
(3) A license issued under § 16-202 of this article.
Review limited to record
(c) Any judicial review of a determination provided for in accordance with § 1-601 of this subtitle or § 5-204 or § 16-204 of this article shall be limited to a record compiled by the Department or Board, consisting of:
(1) Any permit or license application and any data submitted to the Department or Board in support of the application;
(2) Any draft permit or license issued by the Department or Board;
(3) Any notice of intent from the Department or Board to deny the application or to terminate the permit or license;
(4) A statement or fact sheet explaining the basis for the determination by the Department or Board;
(5) All documents referenced in the statement or fact sheet explaining the basis for the determination by the Department or Board;
(6) All documents, except documents for which disclosure is precluded by law or that are subject to privilege, contained in the supporting file for any draft permit or license;
(7) All comments submitted to the Department or Board during the public comment period, including comments made on the draft application;
(8) Any tape or transcript of any public hearings held on the application; and
(9) Any response to any comments submitted to the Department or Board.
Inspection of documents and extension of public comment upon issuance of draft permit or license or tentative determination
(d)(1) When a draft permit or license or tentative determination is issued, the Department or Board shall:
(i) Make available for inspection and copying no later than the date the permit, draft license, or tentative determination is issued:
1. All permit or license applications;
2. Documents submitted with a permit or license application;
3. All documents relied on in making the tentative determination; and
4. A privilege log that identifies all documents not produced for inspection in accordance with subsection (c)(6) of this section and states the reasons for withholding each document; and
(ii) Extend the public comment period by 60 days on request by a person.
(2) A request submitted to the Department or Board under paragraph (1)(ii) of this subsection shall be:
(i) Submitted in writing; and
(ii) Made before the expiration of the original comment period.
(3) A public comment period may not be extended more than once under paragraph (1)(ii) of this subsection.

Credits

Added by Acts 2009, c. 650, § 2, eff. Jan. 1, 2010; Acts 2009, c. 651, § 2, eff. Jan. 1, 2010.
MD Code, Environment, § 1-606, MD ENVIR § 1-606
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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