Md. Code Regs. 34.03.03.07

Current through Register Vol. 51, No. 22, November 1, 2024

Section 34.03.03.07 - Recertification

A. Application for Recertification.

(1) A county that has a county program that is certified under Regulation .06 of this chapter or is recertified under this regulation may apply for recertification of the county program.

(2) The final annual report submitted in compliance with Regulation .10 of this chapter during a certification or recertification period shall serve as the county's application for recertification.

(3) The Department shall within 15 days of receipt of a county's final annual report for a certification or recertification period:

(a) Determine whether the report includes all information required under Regulation .10 of this chapter; and

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

(i) That the report is incomplete; and

(ii) Of the additional information needed to complete the report.

B. A county program may be recertified only if:

(1) During the period of certification or recertification the county has:

(a) Maintained a successful program for the purchase of development rights or of financial enhancements related to the purchase of development rights;

(b) Continued to meet the requirements of Regulation .04B of this chapter;

(c) Made reasonable progress on any recommendations or improvements identified in the county's most recent program development strategy; and

(d) Preserved agricultural and forest land and managed subdivision and conversion of agricultural and forest land consistent with State and county goals and plans for land preservation and environmental protection; and

(2) The county met the reporting requirements under Regulation .10 of this chapter.

C. Within 30 days of receipt of a county's final annual report for either a certification or recertification period determined by the Department to be complete, the Secretary shall:

(1) Determine whether to approve, approve with conditions, or disapprove recertification of the county program;

(2) If disapproved, identify in writing any changes that must be made to meet certification requirements; and

(3) Forward the Secretary's determination on the recertification to the Foundation.

D. Within 60 days after receipt of a county's final annual report for either a certification or recertification period determined by the Department to be complete:

(1) The Board of Trustees of the Foundation shall review the Secretary's action and determine whether to approve, approve with conditions, or disapprove recertification of the county program;

(2) If the Board's action is consistent with the Secretary's action, the Department shall notify the applicant in writing whether the recertification is approved, approved with conditions, or disapproved; and

(3) If either the recertification 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:

(a) The reasons for disapproval or for the failure to agree upon an approval; and

(b) Instructions for resubmitting an application for recertification.

E. Notice to a county under §D of this regulation that recertification is approved by the Department and the Foundation shall constitute recertification of the county program.

F. 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.

Md. Code Regs. 34.03.03.07

Regulations .07 adopted as an emergency provision effective September 18, 1990 (17:20 Md. R. 2421); emergency status expired February 1, 1991
Regulations .07 adopted permanently effective March 4, 1991 (18:4 Md. R. 449)
Regulations .07 adopted effective January 26, 2009 (36:2 Md. R. 102); adopted effective 47:10 Md. R. 520, eff. 5/18/2020