<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".10" citation="COMAR 05.04.03.10" title_num="05" subtitle_num="04" chapter_num="03" heading="Appeals by Borrower or Applicant.">
  <paragraph num="A.">
    <text>Criteria for Appeal.</text>
    <paragraph num="(1)">
      <text>A borrower or applicant may appeal to the Assistant Director from any action taken by the Department through the Program.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Notice of Appeal.</text>
      <paragraph num="(a)">
        <text>An appeal shall be initiated by submitting a notice of appeal to the Assistant Director, in writing, within 30 days of the action complained of or the date of the notice of the action complained of, if any, whichever is later.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The notice of appeal shall:</text>
        <paragraph num="(i)">
          <text>State the reason for disagreement with the action of the Department;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Contain any additional information to be considered in support of the appeal, and a statement of why the information was not furnished with the original application;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Attach supporting documents;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>State whether the borrower or applicant wants to meet with the Assistant Director;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Contain the borrower's or applicant's name, address, telephone number, and, if known, the Program file number;</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>Contain an affirmation, under oath, that the facts set forth in the notice of appeal are true and correct.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Disposition.</text>
      <paragraph num="(a)">
        <text>If requested, the Assistant Director will meet with the borrower or applicant to resolve the appeal. If a meeting is not requested, the Assistant Director shall decide the appeal based on the information contained in the notice of appeal and supplied to the Assistant Director by the Program staff.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The Assistant Director shall issue a written decision within 15 days of receipt of the notice or the date of the meeting, if any, whichever is later.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Action by the Director.</text>
    <paragraph num="(1)">
      <text>If a borrower or applicant is dissatisfied with an action taken by the Assistant Director, the borrower or applicant is encouraged to seek a resolution by the Director.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Borrowers or applicants may initiate action by requesting a meeting with the Director and the Assistant Director. The request shall be submitted to the Director in writing, and a copy sent to the Assistant Director.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Director shall issue a written disposition as soon as practicable after the meeting with the borrower or applicant. The Director's decision shall state the action complained of, a concise summary of the matters and facts presented at the meeting, and the Director's decision. The Director shall deliver a copy of the decision to the borrower or applicant and the Assistant Director.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Appeal to the Secretary.</text>
    <paragraph num="(1)">
      <text>A borrower or applicant may appeal an action of the Director to the Secretary only if the appeal is based on the alleged failure of the Director or Assistant Director, or both, to follow the regulations, rules, guidelines, standards, or loan documents of the Program. There will be no administrative appeal for any action which is not based on the failure to follow the regulations, rules, guidelines, standards, or loan documents.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Procedure. The procedure for the taking of an appeal to the Secretary is set forth in COMAR 05.01.01.</text>
    </paragraph>
  </paragraph>
</regulation>