2013 Maryland Code
FINANCIAL INSTITUTIONS
§ 13-1124 - Appeal of Authority's decision

§13-1124.

(a) In this section, “aggrieved person” means:

(1) A person that:

(i) Is a party to a dispute that the Authority resolves under § 13-1108(4)(ii) of this subtitle; and

(ii) Is aggrieved by the Authority’s final action in resolving the dispute under § 13-1108(4)(ii) of this subtitle; or

(2) The local jurisdictions within a certified heritage area from which the Authority has withdrawn approval of a management plan under § 13-1111(p) of this subtitle.

(b) This section does not apply to:

(1) The failure of the Authority to designate:

(i) A heritage area as a recognized heritage area; or

(ii) A recognized heritage area as a certified heritage area through the approval of a management plan;

(2) Actions taken by the Authority under its powers to issue bonds under Part IV of this subtitle; or

(3) The failure of the Authority to award or enforce the terms of grants, loans, or other financing.

(c) An aggrieved person may appeal to the Office of Administrative Hearings for a hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(d) The decision of the Office of Administrative Hearings is the final administrative decision.

(e) The Office of Administrative Hearings may not modify the Authority’s resolution of a dispute unless the aggrieved person shows by a preponderance of the evidence that:

(1) The final action of the Authority was arbitrary or capricious; or

(2) The Authority failed to follow its own procedures or regulations for resolving a dispute under § 13-1108(4)(ii) of this subtitle.