COMAR 26.11.02.07. Procedures for Denying, Revoking, or Reopening and Revising a Permit or Approval

A. Denial of Approvals, State Permits to Operate or State-Only Enforceable Provisions of a Part 70 Permit.

(1) Denial is final unless the applicant requests a hearing before the Department within 15 days after service.

(2) 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 .

(3) Denials shall be served as summonses are served, or by certified mail upon the applicant.

B. Denial of Permits to Construct.

(1) 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 .

(2) 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 .

C. 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 .