1. 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.

2. B. Promptly after receipt of a petition made under §A of this regulation, the Secretary shall:

   1. (1) Appoint a Burial Committee in accordance with Regulation .04 of this chapter; and
   2. (2) Refer the petition to the Burial Committee.

3. C. For a petition for reconsideration referred to it under §B of this regulation, the Burial Committee:

   1. (1) Shall review the request for transfer and the Director’s determination;
   2. (2) May consider evidence relevant to the request for transfer that was not considered by the Director during the Director’s review; and

   3. (3) Shall within 90 days of the date of referral:

      1. (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;
      2. (b) Send a written recommendation to the Secretary concerning approval or denial of the request for transfer; and
      3. (c) Provide to the Trust a copy of the recommendation.

4. D. Following receipt of the Burial Committee’s recommendation on a petition for reconsideration, the Secretary shall:

   1. (1) Consider the:

      1. (a) Request for transfer;
      2. (b) Director’s determination;
      3. (c) Burial Committee’s recommendation; and
      4. (d) Standards for approving a request for transfer as established in Regulation .07 of the chapter;
   2. (2) Grant or deny the petition; and
   3. (3) Send written notice to the petitioner of the Secretary’s decision.
5. 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.

Authority: State Finance and Procurement, §§5A-318(b)(1) and 5A-339(d), Annotated Code of Maryland

Effective date: May 23, 1994 (21:10 Md. R. 841)

Regulation .06A amended effective November 20, 1995 (22:23 Md. R. 1800)

November 20, 1995 (22:23 Md. R. 1800)

Chapter recodified from COMAR 05.08.07 to COMAR 34.04.06

Regulations .01—.14 repealed and new regulations .01—.10 adopted effective June 28, 2021 (48:13 Md. R. 510)