Sec. 14.29.05.04. Review of Complaints

A. Upon receiving a complaint under Regulation .03 of this chapter, the Administrator shall:

(1) Review the complaint;

(2) Conduct an investigation into the allegations contained in the complaint to the extent and in a manner determined appropriate, necessary, and warranted by the Administrator;

(3) As may be appropriate and relevant, consider:

(a) The relative value and significance to the certified heritage area of the resource that the complaint alleges is or will be adversely affected; and

(b) Any impacts that the activity has had or may have upon properties listed, or eligible for listing, in the Maryland Register of Historic Properties; and

(4) Refer to the Authority for its review and consideration the complaint and the results of the Administrator’s investigation.

B. If, after review and consideration under §A of this regulation, the Authority finds that the activity complained of is having, or may have, an adverse effect upon a natural, recreational, cultural, or historic resource located within a certified heritage area, the Administrator shall:

(1) Inform the agency or unit of State Government of the findings; and

(2) To the extent justified, practicable, and warranted by the circumstances, consult and work cooperatively with the unit or agency and the complainant, as may be appropriate, to identify alternatives for the activity or methods to mitigate the adverse effect.

C. Review of a complaint under this regulation does not constitute a contested case within the meaning of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.