Sec. 05.13.06.05. Designation of a Food Desert

A. The Secretary, on the recommendation of the Advisory Committee, may designate an area as a food desert.

B. If the Secretary determines not to designate all or part of an area as a food desert, the Secretary shall issue a written notice of denial with an evaluation and explanation of the denial.

C. Reconsiderations.

(1) An applicant may request initial reconsideration of a denial by submitting a written request to the Secretary.

(2) The request for reconsideration must be received within 30 days following the date of the denial notice.

(3) The request for reconsideration shall address each reason for the denial and provide documentation supporting reasons for reconsideration of the application.

(4) The Secretary shall respond in writing to the applicant’s request for reconsideration within 90 days of receipt of the request for reconsideration.

(5) An initial decision or reconsideration of a decision is not a contested case within the meaning of the Administrative Procedure Act or COMAR 05.01.01.02.