Md. Code Regs. 34.04.06.08

Current through Register Vol. 51, No. 24, December 2, 2024

Section 34.04.06.08 - Reconsideration of Denial of Request for Transfer

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.

Md. Code Regs. 34.04.06.08

Regulation .08 adopted effective 48:13 Md. R. R. 510, eff. 6/28/2021