Md. Code Regs. 34.04.07.07

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

Section 34.04.07.07 - Administrative Review

A. An applicant may request that the Director reconsider any written determination made by the Director under Regulation .04, .05, or .06 of this chapter. A request under this section shall be in writing and received by the Trust within 30 days after the Director's written determination was sent to the applicant.

B. Within 60 days of the Trust's receipt of a request for reconsideration made pursuant to §A of this regulation, the Director shall:

(1) Review the request;

(2) Determine whether the standards and requirements set forth in this chapter or otherwise applicable to the request warrant either a denial of the request or a modification of the Director's determination; and

(3) Send written notification to the applicant of the Director's determination on the request.

C. An applicant whose request for reconsideration has been denied in whole or part by the Director under §B of this regulation may file a request that the Board of Trustees of the Trust reconsider the Director's denial. A request made under this section shall be in writing and received by the Trust within 30 days after the written notice of the Director's denial is sent to the applicant.

D. The Board of Trustees of the Trust shall, within 60 days of the Trust's receipt of the request made pursuant to §C of this regulation or at the next regularly conducted meeting of the Board following the Trust's receipt of the request, whichever is later:

(1) Review the request;

(2) Determine whether the standards and requirements set forth in this chapter or otherwise applicable to the request warrant either a denial of the request or a modification of the Director's determination;

(3) If the Board determines that the Director's determination shall be modified, articulate the applicable standard and factual basis that warrant the modification; and

(3) Notify the applicant in writing of the Board's determination.

E. The Board of Trustees of the Trust may establish from time to time guidelines or procedures for processing and reviewing requests for reconsideration made under §C of this regulation.

F. Actions or determinations taken or made by the Board of Trustees under §D of this regulation shall be in accordance with the bylaws of the Board of Trustees of the Trust.

G. A determination of the Board of Trustees of the Trust made under §D 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. 34.04.07.07

Regulations .07 adopted as an emergency provision effective January 1, 2015 (42:1 Md. R. 16)
Regulation .07 amended effective 42:3 Md. R. 318, eff.2/16/2015; Regulations .07 adopted as an emergency provision effective January 1, 2015 (42:1 Md. R. 16)
Regulation .07 amended effective 42:3 Md. R. 318, eff.2/16/2015; adopted effective 43:18 Md. R. 1019, eff. 9/12/2016