Md. Code Regs. 34.04.06.06

Current through Register Vol. 51, No. 24, December 2, 2024
Section 34.04.06.06 - Petition to Identify Lineal Descendant or Cultural Affiliation
A. Petition to Identify Lineal Descendant.
(1) A person not identified in the inventory as a lineal descendant of listed human remains or an associated funerary object may submit to the Trust a petition to be identified in the inventory as a lineal descendant.
(2) A petition submitted pursuant to this section shall include documentation or other evidence that establishes, by a preponderance of the evidence, that the petitioner is a lineal descendant of the remains or object.
B. Petition to Identify Cultural Affiliation.
(1) A group not identified in the inventory as having a cultural affiliation with listed human remains or an associated funerary object may submit to the Trust a petition to be identified in the inventory as a culturally affiliated group.
(2) A petition submitted pursuant to this section shall include documentation or other evidence that establishes, by a preponderance of the evidence, that:
(a) The petitioner has a cultural affiliation with the remains or object; and
(b) If the petitioner is a Native American tribe:
(i) The deceased individual was a member of a Native American tribe or group; and
(ii) The petitioner has a cultural affiliation with the Native American tribe or group of which the deceased individual was a member.
(3) The documentation or evidence required by this section may include historical, geographical, kinship, biological, archeological, anthropological, or linguistic information, folklore, oral history, tradition, or other relevant information or expert opinion.
C. Review of Petition.
(1) For a petition submitted under §A of this regulation, the Director shall within 90 days of the Trust's receipt of the petition:
(a) Review the petition;
(b) Determine whether to grant or deny the petition; and
(c) Send written notice to the petitioner of the Director's determination.
(2) For a petition submitted under §B of this regulation, the Director shall:
(a) If the petition is from a group that claims a cultural affiliation based on an ethnicity for which there is an ethnic commission, send to the relevant ethnic commission:
(i) A copy of the petition; and
(ii) A request that, within 60 days of the Director sending the copy, the commission provide to the Director the commission's comments, if any, on the petition; and
(b) Within 120 days of the Trust's receipt of the petition:
(i) Review the petition and any comments received by the Director from an ethnic commission;
(ii) Determine whether to grant or deny the petition; and
(iii) Send written notice to the petitioner of the Director's determination.
D. After the Director makes a determination on a petition under §C of this regulation, the Trust shall:
(1) Promptly return to the petitioner any original documents and personal memorabilia submitted by the petitioner; and
(2) Retain a copy of all original documents and an inventory of all personal memorabilia submitted with the petition.
E. A determination of the Director made under §C of 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.

Md. Code Regs. 34.04.06.06

Regulation .06A amended effective November 20, 1995 (22:23 Md. R. 1800); amended effective 48:13 Md. R. R. 510, eff. 6/28/2021