Chapter 08. Appeals

The State agency sponsor whose certification has been denied by the local jurisdiction may file an appeal of the denial with the Commission within 30 days of the receipt by that State agency of official notice of denial;

The Chair shall, within 15 days of receipt of a notice of State agency appeal, appoint a panel of five Commission members to hear and make recommendations to the full Commission concerning the appeal;

The panel shall meet within 30 days of its appointment, shall hear a presentation by the State agency which has been denied certification, and shall, within 30 days of its meeting or at the next scheduled Commission meeting, whichever is later, make its recommendations known to the full Commission;

In considering the matter of local certification, the panel and the Commission shall utilize as criteria the relevant portions of the approved local Critical Area program, and may not substitute their judgment for that of the local certifying authority. If, on the other hand, it appears that the local certifying authority has failed to apply its own program criteria in a rational and reasonable manner or has been arbitrary and capricious in the application of those criteria to the proposed development, the panel may recommend, and the Commission by majority vote may act, to certify the proposed development. The Commission's final decision shall be in writing; and

A State agency which is aggrieved by the final decision of the Commission is entitled to bring whatever appeal or civil action may be appropriate before the courts of this State.

In accordance with COMAR 27.02.03.02F, 27.02.04.02E, and 27.02.05.02G, a State or local agency whose proposal for development has been disapproved by the Commission may appeal the disapproval to the full Commission for reconsideration, within 30 days of receipt of the Commission's decision.

The Commission shall afford the agency another opportunity to be heard on the matter, before the full Commission, within 30 days of receipt of notice of appeal, and shall issue its final decision in writing within 15 days of the reconsideration. Affected local governments shall be notified of any requests for reconsideration or notices of appeal and shall be afforded an opportunity to comment on the requests or notices.

A State or local agency, or other party aggrieved by the final decision on reconsideration, may bring whatever appeal or civil action may be appropriate before the courts of this State.