(1) The following persons shall have the right to an adjudicatory hearing concerning a decision by the Department to grant or deny a license or permit: (a) an applicant who has demonstrated property rights in the lands in question, or which is a public agency;(b) any person aggrieved by the decision of the Department to grant a license or permit who has submitted written comments within the public comment period;(c) ten residents of the Commonwealth, pursuant to M.G.L. c. 30A, § 10A, who have submitted comments within the public comment period; at least five of the ten residents shall reside in the municipality(s) in which the license or permitted activity is located. The appeal shall clearly and specifically state the facts and grounds for the appeal and the relief sought, and each appealing resident shall file an affidavit stating the intent to be part of the group and to be represented by its authorized representative.(d) the municipal official in the affected municipality(s) who has submitted written comments within the public comment period;(e) CZM, for any project identified in 310 CMR 9.13(2)(a) for CZM participation; and(f) DCR, for any project in an Ocean Sanctuary, if it has filed a notice of participation within the public comment period.(2) Any notice of claim for an adjudicatory hearing must be sent by certified mail or hand delivery to the Department within 21 days of the date of the written determination, draft license or draft permit, or if no such determination or draft is required, within 21 days of the date of issuance of the license or permit, as appropriate under 310 CMR 9.14(1) and (2). A copy must be sent at the same time by certified mail or hand delivery to the applicant and to the municipal official of the city or town where the project is located.(3) Any notice of claim for an adjudicatory hearing must include the following information: (a) the DEP Waterways Application File Number, name of the applicant and address of the project;(b) the complete name, address, and telephone number of the party filing the request and, if represented by counsel, the name, address and telephone number of the attorney and, if claiming to be a person aggrieved, the specific facts that demonstrate that the party satisfies the definition of "aggrieved person" found in 310 CMR 9.02;(c) a clear statement that a formal adjudicatory hearing is being requested;(d) a clear and concise statement of the facts which are grounds for the proceeding, the specific objections to the Department's written determination, draft license, draft permit, license or permit, and the relief sought through the adjudicatory hearing, including specifically the changes desired in the final written determination, license, or permit; and(e) a statement that a copy of the request has been sent to:2.the municipal official of the city or town where the project is located.(4) The Department may coordinate adjudicatory hearings under 310 CMR 9.17 and under M.G.L. c. 131, § 40, 310 CMR 10.00: Wetlands Protection and 314 CMR 9.00: 401 Water Quality Certification for Discharge of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States Within the Commonwealth as follows: (a) if a final order has been issued pursuant to the Wetlands Protection Act, M.G.L. c. 131, § 40, the Department shall exclude issues solely within the jurisdiction of that statute at an adjudicatory hearing held under 310 CMR 9.17, except as provided in 310 CMR 9.33(3);(b) if a Water Quality Certification has been issued pursuant to 314 CMR 9.00: 401 Water Quality Certification for Discharge of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States Within the Commonwealth, the Department shall exclude issues solely within the jurisdiction of 314 CMR 9.00: 401 Water Quality Certification for Discharge of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States Within the Commonwealth;(c) if an adjudicatory hearing has been requested under 310 CMR 9.17, 314 CMR 9.10: Appeals and 310 CMR 10.05(7)(j), the Department may consolidate these proceedings; and(d) notwithstanding 310 CMR 9.17(4)(a) and (b), in the event that the Department has issued a Combined Permit that serves as the license, permit or other written approval for a water-dependent use project issued pursuant to 310 CMR 9.00, the appeal may include issues solely within the jurisdiction of 314 CMR 9.00: 401 Water Quality Certification for Discharge of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States Within the Commonwealth and 310 CMR 10.00: Wetlands Protection only as follows: The appeal may include issues solely within the jurisdiction of 314 CMR 9.00: 401 Water Quality Certification for Discharge of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States Within the Commonwealth only if the appeal has been requested in accordance with the requirements of 314 CMR 9.10: Appeals. The appeal may include issues solely within the jurisdiction of 310 CMR 10.00: Wetlands Protection only if the appeal has been requested in accordance with the requirements of 310 CMR 10.05(7)(j).Amended, Mass Register Issue 1261, eff. 5/23/2014.