Sec. 05.04.03.10. Appeals by Borrower or Applicant

A. Criteria for Appeal.

(1) A borrower or applicant may appeal to the Assistant Director from any action taken by the Department through the Program.

(2) Notice of Appeal.

(a) An appeal shall be initiated by submitting a notice of appeal to the Assistant Director, in writing, within 30 days of the action complained of or the date of the notice of the action complained of, if any, whichever is later.

(b) The notice of appeal shall:

(i) State the reason for disagreement with the action of the Department;

(ii) Contain any additional information to be considered in support of the appeal, and a statement of why the information was not furnished with the original application;

(iii) Attach supporting documents;

(iv) State whether the borrower or applicant wants to meet with the Assistant Director;

(v) Contain the borrower's or applicant's name, address, telephone number, and, if known, the Program file number;

(vi) Contain an affirmation, under oath, that the facts set forth in the notice of appeal are true and correct.

(3) Disposition.

(a) If requested, the Assistant Director will meet with the borrower or applicant to resolve the appeal. If a meeting is not requested, the Assistant Director shall decide the appeal based on the information contained in the notice of appeal and supplied to the Assistant Director by the Program staff.

(b) The Assistant Director shall issue a written decision within 15 days of receipt of the notice or the date of the meeting, if any, whichever is later.

B. Action by the Director.

(1) If a borrower or applicant is dissatisfied with an action taken by the Assistant Director, the borrower or applicant is encouraged to seek a resolution by the Director.

(2) Borrowers or applicants may initiate action by requesting a meeting with the Director and the Assistant Director. The request shall be submitted to the Director in writing, and a copy sent to the Assistant Director.

(3) The Director shall issue a written disposition as soon as practicable after the meeting with the borrower or applicant. The Director's decision shall state the action complained of, a concise summary of the matters and facts presented at the meeting, and the Director's decision. The Director shall deliver a copy of the decision to the borrower or applicant and the Assistant Director.

C. Appeal to the Secretary.

(1) A borrower or applicant may appeal an action of the Director to the Secretary only if the appeal is based on the alleged failure of the Director or Assistant Director, or both, to follow the regulations, rules, guidelines, standards, or loan documents of the Program. There will be no administrative appeal for any action which is not based on the failure to follow the regulations, rules, guidelines, standards, or loan documents.

(2) Procedure. The procedure for the taking of an appeal to the Secretary is set forth in COMAR 05.01.01.