Sec. 14.29.02.07. Removal of a Heritage Area Management Entity

A. The Authority may remove an entity from its role as the heritage area management entity for a certified heritage area if the Authority finds that the entity has:

(1) Either acted or failed to act in a manner that has had a substantial adverse impact upon a significant natural, recreational, cultural, or historic resource located within the heritage area;

(2) Failed to effectively implement the management plan for the heritage area; or

(3) In any way misused, mismanaged, or misappropriated funds received from the Authority.

B. Before taking action under §A of this regulation, the Authority shall:

(1) Provided written notice to the heritage area management entity and to each local jurisdiction with land area located within the certified heritage area that:

(a) Includes the Authority’s findings under §A of this regulation;

(b) Informs of the actions the Authority might take under §A of this regulation; and

(c) Includes corrective instructions, recommendations, or suggestions as appropriate;

(2) Provide the heritage area management entity 60 days to respond in writing to the Authority’s notice; and

(3) Either uphold, modify, or rescind the findings.

C. If, under §A of this regulation, the Authority removes an entity from its role as the heritage area management entity for a certified heritage area, the Authority shall:

(1) Provide written notice to the entity and each local jurisdiction with land area located within the certified heritage area of the removal; and

(2) Discontinue for all purposes under this subtitle the Authority’s recognition of the entity as the heritage area management entity for the certified heritage area.

D. Within 90 days of receiving notice of a removal under §C(1) of this regulation or of a disapproval under §E(2) of this regulation, the local jurisdictions with land area located within the certified heritage area shall:

(1) Agree upon a new entity to serve as the heritage area management entity; and

(2) Send to the Authority:

(a) The identity of the new entity and its organizational structure;

(b) Information sufficient for the Authority to assess the capability and capacity of the new entity to serve as the heritage area management entity, including its relations with agencies of State and local government; and

(c) A resolution, ordinance, or other appropriate authorization issued by the governing body of each local jurisdiction establishing the local jurisdiction’s support for the new entity to serve as the heritage area management entity.

E. Within 90 days of receiving the information required under §D(2) of this regulation, the Authority shall:

(1) Either approve or disapprove of the new entity as the heritage area management entity; and

(2) Provide written notice to the local jurisdictions of the Authority’s approval or disapproval.

F. The Authority may withdraw its approval of a management plan for a certified heritage area as provided for in Regulation .06 of this chapter if:

(1) Upon removal by the Authority of a heritage area management entity, the local jurisdictions with land area located within a certified heritage area fail to comply with §D of this regulation; or

(2) The Authority disapproves of a new entity under §E of this regulation.