# COMAR Title 34 — Department of Planning

## Subtitle 04 — Historical and Cultural Programs

### Chapter 06 — Transfer of Human Remains and Associated Funerary Objects

#### Regulation .08 Reconsideration of Denial of Request for Transfer.

*COMAR 34.04.06.08*

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.