§ 13-1124
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§13–1124.
(a)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(2)The local jurisdictions within a certified heritage area from which the Authority has withdrawn approval of a management plan under § 13-1111(p) of this subtitle.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)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)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)The decision of the Office of Administrative Hearings is the final administrative decision.
(e)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.