Chapter 06. Procedures for Resolving Disputes
Regulation .01 General.LinkCopy Citation
This chapter establishes procedures for the review and resolution of disputes that arise in connection with exercise by the Maryland Heritage Areas Authority of its authority under Financial Institutions Article, Title 13, Subtitle 11, Annotated Code of Maryland.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Act” means Financial Institutions Article, §§13-1101—13-1124, Annotated Code of Maryland.
(2)
“Administrator” means the Administrator of the Authority.
(3)
“Authority” means the Maryland Heritage Areas Authority established by the Act.
(4)
“Certified heritage area” means a recognized heritage area that has been designated a certified heritage area in accordance with the Act and COMAR 14.29.02.
(5)
Decision of the Authority.
(a)
“Decision of the Authority” means a decision, action, or exercise of statutory authority by the Authority and includes an exercise of authority by the Authority that is permitted, required, or contemplated under the Act.
(b)
“Decision of the Authority” does not include a determination by the Authority:
(i)
Under the Act or COMAR 14.29.01 regarding designation or an application for designation of a heritage area as a recognized heritage area;
(ii)
Under the Act or COMAR 14.29.02 regarding review and approval of a management plan or designation or an application for designation of a recognized heritage area as a certified heritage area;
(iii)
Under the Act or COMAR 14.29.03 related to review and approval of grant applications;
(iv)
Under the Act or COMAR 14.29.04 related to review and approval of loan applications; or
(v)
Related to enforcement of the terms of a grant, loan, or other financing.
(6)
“Petition” means a petition filed under Regulation .03 of this chapter concerning a decision of the Authority.
(7)
“Petitioner” means a person or entity that files a petition under Regulation .03 of this chapter concerning a decision of the Authority.
Regulation .03 Petition for Dispute Resolution.LinkCopy Citation
A.
A person or entity that disputes a decision of the Authority and is aggrieved by the decision may file a petition with the Authority that seeks to have the Authority resolve the dispute.
B.
A petition submitted under this regulation shall:
(1)
Be in writing;
(2)
Be submitted to the Administrator;
(3)
Identify the decision of the Authority that the petitioner disputes;
(4)
Explain how the petitioner is aggrieved by the decision; and
(5)
Identify any law, rule, or regulation that the petitioner contends is or was violated by the decision of the Authority.
Regulation .04 Review of Petitions.LinkCopy Citation
A.
Upon receiving a petition, the Administrator shall:
(1)
Review the petition;
(2)
Review the decision of the Authority that the petitioner disputes; and
(3)
Refer to the Authority for its consideration the petition and the results of the Administrator’s review.
B.
Within 90 days of receipt by the Administrator of a petition, the Authority shall consider the petition at meeting of the Authority during which the Authority shall:
(1)
Review the petition;
(2)
Consider the results of the Administrator’s review of the petition;
(3)
Provide the petitioner an opportunity to address the Authority and present to the Authority any additional information or evidence that is relevant to the petition; and
(4)
Make a determination to:
(a)
Alter, amend, or rescind the decision of the Authority; or
(b)
Deny the petition by affirming the decision of the Authority.
C.
The Administrator shall promptly send written notice to the petitioner of the Authority’s determination under §B(4) of this regulation.
D.
The Authority’s minutes for a meeting during which it considers a petition shall include:
(1)
A summary of all oral statements and discussions concerning the petition;
(2)
A copy of all documents submitted to, received by, or considered by the Authority on the petition; and
(3)
The Authority’s determination on the petition.
Regulation .05 Appeal.LinkCopy Citation
A.
A determination made by the Authority under Regulation .04B of this chapter may be appealed by the petitioner to the Office of Administrative Hearings in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
B.
On appeal, a determination made by the Authority under Regulation .04B of this chapter may not be reversed or modified unless the petitioner establishes by a preponderance of the evidence that:
(1)
The determination was arbitrary, capricious, or contrary to law, rule, or regulation; or
(2)
The Authority failed to follow its own procedures or this chapter.
C.
The decision of the Office of Administrative Hearings on an appeal is the final administrative decision.
Chapter annotations
Authority: Financial Institutions Article, §§13-1107(6), 13-1108(4)(ii), and 13-1124, Annotated Code of Maryland
History: Effective date: November 4, 2019 (46:22 Md. R. 978)