Sec. 05.17.02.05. Designation of a Sustainable Community

A. The Subcabinet, on the recommendation of the Secretary, may designate an area as a sustainable community.

B. If the Subcabinet has not acted within 90 days of a recommendation from the Secretary, the Secretary may designate an area as a sustainable community without the approval of the Subcabinet.

C. Denial of Applications. If the Subcabinet or the Secretary, acting under §B of this regulation, determines not to designate all or part of an area as a sustainable community, such party shall issue a written notice of denial with an evaluation and explanation of the denial.

D. Reconsiderations.

(1) An applicant may request initial reconsideration of a denial by submitting a written request to the party that issued the denial notice.

(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 Subcabinet or Secretary, as applicable, 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.