Section 13-1124 - Appeal of Authority's decision. - Maryland Statutes

§ 13-1124. Appeal of Authority's decision.
 

(a)  "Aggrieved person" defined.- 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(2) The local jurisdictions within a certified heritage area from which the Authority has withdrawn approval of a management plan under § 13-1111 (p) of this subtitle.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)  Applicability of section.- 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)  Appeal to Office of Administrative Hearings.- 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)  Final decision.- The decision of the Office of Administrative Hearings is the final administrative decision. 

(e)  Burden of proof.- 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. 
 

[1996, ch. 601, § 1.]