Current with changes from the 2024 Legislative Session
Section 13-1124 - Appeal of Authority's decision(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of this subtitle; or(2) The local jurisdictions within a certified heritage area from which the Authority has withdrawn approval of a management plan under § 13-1111(p) of this subtitle.(b) This section does not apply to:(1) The failure of the Authority to designate:(i) A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.