Environmental Health

Environmental Health Appeals Processes

• Appeal Process for Well, On-Site Sewage Disposal, Subdivision, and Shared Facility Decisions
• Appeal Process for Food Service Facility Decisions

Appeal Process for Well, On-Site Sewage Disposal, Subdivision, and Shared Facility Decisions

The following section outlines the appeal rights for certain water and sewage decisions by the Maryland Department of the Environment (MDE) and the Garrett County Health Department (GCHD).

Right to Appeal

The Administrative Procedure Act (Title 10, Subtitle 2 of the State Government Article of the Annotated Code of Maryland) sets forth the procedures for appealing a final decision issued by MDE or an Approving Authority regarding the grant, denial, renewal suspension or amendment of a license, certificate, charter, permit or registration that is required by statute. The appeal is in the form of a contested case hearing with the Office of Administrative Hearings (OAH).

In addition to the Administrative Procedure Act, both MDE and OAH have regulations that govern rules of procedure for contested case hearings (COMAR 26.01.01 et seq and COMAR 28.02.01 et seq).

Decisions That Can Be Appealed to MDE

This appeal right applies to the following final decisions:

• Sewage disposal where public sewage systems are not available (Code of Maryland Regulations (COMAR) 26.04.02);
• Water supply and sewage systems in subdivisions (COMAR 26.04.03);
• Well construction (COMAR 26.04.04); and
• Water supply, sewage disposal and solid waste as part of shared facilities (COMAR 26.04.05).

Notice of Right to Appeal

When MDE or GCHD issues a final decision as referenced above, a written notice letter will be issued to the applicant seeking MDE or GCHD approval. The notice will include appeal rights and required timeframes to file an appeal.

Requesting an Appeal

1. It is recommended that you clarify the reason your permit application was not approved. You can contact our local health department for details (301) 334-7760. In some cases, basic modifications to your application may resolve the problem.
2. If there is not a simple resolution, you can request an informal conference with our staff to have a more in-depth discussion. We recommend that you have your professional contractor accompany you since the potential solutions are often technical in nature.
3. If an informal conference does not resolve the issue leading to a denial and you are issued a final denial by the GCHD or MDE, you have the right to request a formal appeal with the Maryland Department of Environment. All requests for contested case hearings shall be filed with MDE’s Water and Science Management Administration Director, 1800 Washington Blvd, Baltimore, MD 21230 within thirty (30) calendar days after notification of the final decision by MDE or the Garrett County Health Department.The written request for a contested case hearing must include a hearing request and attach a copy of the MDE or Approving Authority notice letter that is being appealed. The request should also include a brief statement of the factual and legal basis for the appeal. After receiving the request for a contested case hearing, MDE will transmit the request to the Office of Administrative Hearings (OAH).
4. Upon receipt of the filing, OAH will send written notices to the parties, confirming the filing and notice of relevant hearing dates. The hearing will be conducted as provided for in the Administrative Appeals Act, as well as OAH and MDE procedure regulations.

Loss of Appeal Rights

If a request for a contested case hearing is not made within thirty (30) calendar days, the final decision of MDE or the Approving Authority is no longer appealable and the decision is considered final. The applicant must comply with any terms and conditions of the final decision.

Appeal Process for Food Service Facility Decisions

The following section outlines the appeal rights for certain decisions pertaining to Food Service Facilities by the Maryland Department of the Health (MDH) and delegated Approving Authorities (the local health department). 

Right to Appeal 

The Administrative Procedure Act (Title 10, Subtitle 2 of the State Government Article of the Annotated Code of Maryland) sets forth the procedures for appealing certain decisions issued by MDH or a local health department (Approving Authority) regarding the grant, denial, renewal, revocation, suspension, or amendment of a license, certificate, charter, permit or registration that is required by statute. Pursuant to State Government §10-226(c)(1), an individual has the right to be heard prior to the Approving Authority revoking or suspending a license. COMAR 10.15.03.35 requires such requests to be heard (or appeals), to be made within ten (10) of the date the Notice of Intent to Suspend or Revoke is served. Additionally, in accordance with COMAR 10.01.03, this appeal is in the form of a contested case hearing with the Office of Administrative Hearings (OAH). 

In addition to the Administrative Procedure Act, both MDH and OAH have regulations that govern rules of procedure for contested case hearings (COMAR 10.01.03 et seq and COMAR 28.02.01 et seq). 

Decisions That Can Be Appealed to the Local Health Departments 

This appeal right applies to the following decisions: 

• Denial of an Application for a License (Health-General §21-311, COMAR 10.15.03.28(D))
• Suspension or Revocation of a Food Service Facility License (State Government §10-226(c)(1); Health-General §21-315, COMAR 10.15.03.35(F),(G))
• Order of Abatement (Health-General §21-318; COMAR 10.15.03.35(B))
• Summary Suspension (State Government §10-226(c)(2) and COMAR 10.15.03.35(H))

Notice of Right to Appeal 

When MDH or a local health department (Approving Authority) notifies a person of the denial of their food service facility application, a summary suspension, or when a suspension or revocation of the Food Service Facility license is sought, a written notice letter will be issued to the applicant seeking MDH or Approving Authority approval, or licenses. The notice will include appeal rights and required timeframes to file an appeal. 

Requesting an Appeal 

Any person aggrieved by a decision to deny a license application, suspend or revoke a current Food Service Facility license, a summary suspension, or an order to abate by MDH or an Approving Authority, may request a contested case hearing by sending written notice to the issuing authority requesting to appeal the decision. 

All requests for contested case hearings must be filed with:

Environmental Health Services
Garrett County Health Department
1025 Memorial Drive
Oakland, MD 21550
(301) 334-7760

within ten (10) calendar days after receipt of the denial, a notice of intent to suspend or revoke, or an order of abatement is issued by MDH or the Approving Authority.

The written request for a contested case hearing must include a hearing request and attach a copy of the MDH or Approving Authority notice letter that is being appealed. The request should also include a brief statement of the factual and legal basis for the appeal. 

After receiving the request for a contested case hearing, MDH or the Approving Authority will transmit the request to OAH. Upon receipt of the filing, OAH will send written notices to the parties, confirming the filing and notice of relevant hearing dates. The hearing will be conducted as provided for in the Administrative Appeals Act, as well as OAH and MDH procedure regulations. 

Loss of Appeal Rights 

If a request for a contested case hearing is not made within ten (10) calendar days, the decision of MDH or the Approving Authority is no longer appealable and the decision will be considered final. The applicant must comply with any terms and conditions of the final decision.