Maryland Environment Section 1-605

      (a)      A person may request a contested case hearing to appeal a final determination if the person makes factual allegations with sufficient particularity to demonstrate that:

            (1)      The person is aggrieved by the final determination; and

            (2)      The final determination is:

                  (i)      Legally inconsistent with any provisions of law applicable to the final determination being challenged; or

                  (ii)      Based upon an incorrect determination of a relevant and material fact.

      (b)      (1)      A party requesting a contested case hearing shall submit a written request for adjudication within 15 days after publication of a notice of final determination.

            (2)      The Department shall transmit a request for a contested case hearing to the Office of Administrative Hearings within 5 business days after the Department receives the request.

      (c)      The request for adjudication shall set forth the basis for the request with sufficient particularity to assure that the issues to be raised are within the scope of subsection (a) of this section and that the person is aggrieved by the final determination.

      (d)      A party may not, in a contested case hearing, challenge a facility's compliance with zoning and land use requirements or conformity with a county plan issued under Title 9, Subtitle 5 of this article. However, nothing in this subtitle shall prevent a party from challenging whether the Department has complied with §§ 2-404(b)(1)(ii) and 9-210(a)(3) of this article, when applicable, nor does this subtitle prevent a party from contesting the compliance of the facility with zoning and land use or county plan requirements in any proceeding brought in accordance with and under any applicable local laws.

      (e)      A contested case hearing shall be conducted in accordance with Subtitle 2 of Title 10 of the State Government Article.

      (f)      (1)      The contested case hearing shall be concluded, and the record shall be closed:

                  (i)      Within 6 months following receipt of the request for a contested case hearing by the Office of Administrative Hearings; or

                  (ii)      If a motion is filed under § 1-606(a) of this subtitle, within 8 months following receipt of the request for a contested case hearing by the Office of Administrative Hearings.

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

      (g)      (1)      The administrative law judge shall issue the proposed decision within 90 days following the close of the record in the contested case hearing.

            (2)      The deadline in this subsection may be extended, at the discretion of the administrative law judge, for an additional period not to exceed 30 days.

      (h)      (1)      Once a proposed decision is issued by the administrative law judge if an exception is not filed with the Department, the proposed decision shall become final upon expiration of the time period for filing an exception.

            (2)      Once a proposed decision is issued by the administrative law judge if an exception is filed with the Department, the final decision shall be rendered within 120 days following issuance of the proposed decision.

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