§ 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.

HISTORY: 2009, ch. 650, § 2; ch. 651, § 2.