(a) (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) 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) 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) (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.
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