Md. Code Regs. 12.04.07.05

Current through Register Vol. 51, No. 21, October 18, 2024

Section 12.04.07.05 - Appeal to the Commission of Denial of Approval by the Deputy Director

A. An agency may appeal to the Commission a denial by the Deputy Director of an application for Commission approval or renewal of Commission approval of the agency's program.

B. An agency appealing a denial by the Deputy Director of an application for Commission approval or renewal of Commission approval of the agency's program shall:

(1) Submit the appeal in writing to the Executive Director of the Police and Correctional Training Commissions (Executive Director) in a format or on a form approved by the Commission; and

(2) Include in the written appeal, the basis for the agency's appeal of the denial by the Deputy Director.

C. Upon receipt of an appeal under §B of this regulation, the Executive Director shall schedule the appeal to be considered by the Commission at the next Commission meeting that is scheduled at least 30 days after the date that the appeal was received by the Executive Director.

D. At the time the agency's appeal is heard by the Commission, the Commission:

(1) Shall permit the Deputy Director to testify and present information related to the denial;

(2) Shall permit a representative from the agency making the appeal to testify and present information related to the agency's basis for the appeal; and

(3) May permit other individuals to testify or present information that the Commission determines relevant to the appeal.

E. Following testimony and presentation of information under §D of this regulation, the Commission, by a majority vote of the members present at the meeting, may:

(1) Sustain the denial by the Deputy Director;

(2) Grant the agency's appeal unconditionally; or

(3) Grant the agency's appeal with conditions.

F. Appeal of Denial - Commission's Decision.

(1) Within 10 days following the Commission's decision under §E of this regulation, the Executive Director, or a designee, shall provide the agency filing the appeal and the Deputy Director written notice of the Commission's decision.

(2) If the Commission sustains the denial by the Deputy Director, the notice shall include the Commission's reason for sustaining the denial.

(3) If the Commission grants the appeal without conditions, the notice shall include:

(a) A statement of Commission approval of the program or renewal of Commission approval; and

(b) The date of expiration of Commission approval or renewal of Commission approval, which may not exceed 4 years from the date of Commission approval of the application.

(4) If the Commission grants the appeal with conditions, the notice shall include:

(a) A statement of Commission approval of the program or renewal of Commission approval;

(b) If applicable, an explanation of the conditions with which the agency shall comply to continue Commission approval of the program or renewal of Commission approval; and

(c) The date of expiration of Commission approval or renewal of Commission approval, which may not exceed 4 years from the date of Commission approval of the application.

G. Within 10 days of the date of receipt of a written notice under §F(1) of this regulation, the Deputy Director, or a designee, shall provide written notice including the information under §F(4) of this regulation to the Comptroller.

H. A decision on an agency's appeal of a denial of Commission approval of an agency's program or renewal of Commission approval of an agency program is final.

Md. Code Regs. 12.04.07.05