Section 1-606 - Judicial review. - Maryland Statutes

§ 1-606. Judicial review.
 

(a)  Definitions.-  

(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. 

(b)  Scope.- 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. 

(c)  Record on review.- 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. 

(d)  Draft permit or license or tentative determination.-  

(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. 
 

[2009, ch. 650, § 2; ch. 651, § 2.]