1. A. The Department shall within 15 days of receipt of an application for certification of a county program:

   1. (1) Determine whether the application includes all information required in Regulation .05D of this chapter; and

   2. (2) If determined incomplete, send written notice to the county and the Foundation informing:

      1. (a) That the application is incomplete; and
      2. (b) Of the additional information needed to complete the application.

2. B. Within 30 days after receipt of an application determined by the Department to be complete, the Secretary shall:

   1. (1) Determine whether to approve, approve with conditions, or disapprove the application;
   2. (2) If disapproved, identify in writing any changes that must be made to meet certification requirements; and
   3. (3) Forward the Secretary’s determination on the application to the Foundation.

3. C. Within 60 days after receipt of an application determined by the Department to be complete:

   1. (1) The Board of Trustees of the Foundation shall review the Secretary’s action and determine whether to approve, approve with conditions, or disapprove the application;
   2. (2) If the Board’s action is consistent with the Secretary’s action, the Department shall notify the applicant in writing whether the application is approved, approved with conditions, or disapproved; and

   3. (3) If either the application is disapproved or the Secretary and the Board of Trustees of the Foundation do not agree upon an approval, the Department’s written notice to the applicant shall include:

      1. (a) The reasons for disapproval or for the failure to agree upon an approval; and
      2. (b) Instructions for resubmitting the application.

4. D. Notice to a county under §C of this regulation that an application is approved by the Department and the Foundation shall constitute certification of:

   1. (1) The county program; and
   2. (2) The county’s priority preservation area.
5. E. A decision or determination made under this regulation is final, is not subject to appeal, and is not a contested case within the meaning of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

Authority: Agriculture Article, §§2-103(b) and 2-518; State Finance and Procurement Article, §§5-203(b)(2) and 5-408; Tax-Property Article, §13-306;
Annotated Code of Maryland

Effective date:

Regulations .01—.10 adopted as an emergency provision effective September 18, 1990 (17:20 Md. R. 2421); emergency status expired February 1, 1991

Regulations .01—.10 adopted permanently effective March 4, 1991 (18:4 Md. R. 449)

Regulation .02B amended effective October 20, 1997 (24:21 Md. R. 1452)

Regulation .04 amended effective October 20, 1997 (24:21 Md. R. 1452)

Regulation .05 amended effective October 20, 1997 (24:21 Md. R. 1452)

Regulation .06 repealed effective October 20, 1997 (24:21 Md. R. 1452)

Regulation .09 amended effective October 20, 1997 (24:21 Md. R. 1452)

Regulation .10 amended effective October 20, 1997 (24:21 Md. R. 1452)

Regulations .01—.10 repealed and new Regulations .01—.12 adopted effective January 26, 2009 (36:2 Md. R. 102)

Chapter recodified from COMAR 14.24.08 to COMAR 34.03.03 in 2009

Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 407)

Regulation .12B amended as an emergency provision effective June 29, 2010 (37:16 Md. R. 1059); emergency status expired effective December 2, 2010

Regulations .01—.12 repealed and new Regulations .01—.11 adopted effective May 18, 2020 (47:10 Md. R. 520)