§ 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   (2) The local jurisdictions within a certified heritage area from which the Authority has withdrawn approval of a management plan under § 13-1111(p) of this subtitle.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.

HISTORY: 1996, ch. 601, § 1.