COMAR 34.04.05.09. Administrative Review

A. A person may request that the Governor's Consulting Committee review the Director's determination of eligibility for compliance with:

(1) The criteria listed in Regulation .07 of this chapter ; or

(2) The procedures under Regulation .06 of this chapter .

B. The request shall:

(1) Be made in writing;

(2) Be delivered to the chairman of the Governor's Consulting Committee and the Director within 30 days after the Director, in accordance with Regulation .06C(4) of this chapter , mails notice of the determination of eligibility; and

(3) Include:

(a) A statement of the basis for the review, and

(b) Any documentation, correspondence, or other evidence relevant to the review.

C. Within 90 days after receipt of the request, the Governor's Consulting Committee shall:

(1) Determine whether the property is eligible; and

(2) Notify the person requesting review and the Director of the Committee's decision.

D. A determination under §C of this regulation shall be based upon a finding as to whether:

(1) There is an adequate basis under the criteria listed in Regulation .07 for the Director's determination of eligibility; or

(2) The Director in making his determination followed the procedures set forth in Regulation .06 of this chapter .

E. The decision of the Governor's Consulting Committee shall be final and not a contested case within the meaning of State Government Article, §§ 10-201 — 10-217 , Annotated Code of Maryland.

Cross References 34.04.05.08B(2)