Regulation .08 Reconsideration of Denial of Request for Transfer.
Regulation .08 Reconsideration of Denial of Request for Transfer.LinkCopy Citation
A.
Within 30 days of the date of notice from the Director under Regulation .07 of this chapter that a request for transfer of human remains or associated funerary objects has been denied, the requester may petition the Secretary in writing to submit the Director’s determination to a Burial Committee for its consideration.
B.
Promptly after receipt of a petition made under §A of this regulation, the Secretary shall:
(1)
Appoint a Burial Committee in accordance with Regulation .04 of this chapter; and
(2)
Refer the petition to the Burial Committee.
C.
For a petition for reconsideration referred to it under §B of this regulation, the Burial Committee:
(1)
Shall review the request for transfer and the Director’s determination;
(2)
May consider evidence relevant to the request for transfer that was not considered by the Director during the Director’s review; and
(3)
Shall within 90 days of the date of referral:
(a)
Determine whether the claimant is a lineal descendant or a group with a cultural affiliation as established under Regulation .06 or .07 of this chapter;
(b)
Send a written recommendation to the Secretary concerning approval or denial of the request for transfer; and
(c)
Provide to the Trust a copy of the recommendation.
D.
Following receipt of the Burial Committee’s recommendation on a petition for reconsideration, the Secretary shall:
(1)
Consider the:
(a)
Request for transfer;
(b)
Director’s determination;
(c)
Burial Committee’s recommendation; and
(d)
Standards for approving a request for transfer as established in Regulation .07 of the chapter;
(2)
Grant or deny the petition; and
(3)
Send written notice to the petitioner of the Secretary’s decision.
E.
A decision of the Secretary made under this regulation shall be final and is not a contested case within the meaning of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.