Maryland Environment Section 1-606

Article - Environment

§ 1-606.

      (a)      Upon motion of any party, the administrative law judge shall dismiss all or any part of a request for a contested case hearing if the administrative law judge determines that the person making the request has failed to make the demonstration required by § 1-605 of this subtitle, including the failure to make factual allegations with sufficient particularity to demonstrate that the person is aggrieved by the final determination.

      (b)      (1)      The administrative law judge shall rule on any motion filed under subsection (a) of this section within 60 days following receipt of the motion.

            (2)      The deadline in this subsection may be extended by agreement of the parties and with the concurrence of the administrative law judge.

      (c)      A decision under subsection (a) of this section that dismisses fewer than all of the issues in an action, or that adjudicates issues concerning fewer than all of the parties to an action is not immediately appealable unless the administrative law judge determines that there is no just reason for delay, and directs the entry of a decision as to one or more, but fewer than all of the issues or parties.

      (d)      Except as provided under subsection (c) of this section, a decision by the administrative law judge on a motion in accordance with subsection (a) of this section is a final agency decision and shall be appealable in the same manner as a final decision by the Department after a contested case hearing.

      (e)      The deadlines in this section shall be considered mandatory and not directory.



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