Sec. 27.02.08.01. State Agency Appeals of Local Denials of Certification

A. Pursuant to COMAR 27.02.02, for State development proposals which are of local significance only, and which occur on private lands or lands owned by local jurisdictions, the sponsoring agency shall provide to the Commission the local jurisdiction's certification of consistency with the local Critical Area program. Local denial of the certification may be appealed to the Commission by the sponsoring State agency under the following provisions:

(1) The State agency sponsor whose certification has been denied by the local jurisdiction may file an appeal of the denial with the Commission within 30 days of the receipt by that State agency of official notice of denial.

(2) The Chairman shall, within 15 days of receipt of a notice of State agency appeal, appoint a panel of five Commissioners to hear and make recommendations to the full Commission concerning the appeal.

(3) The panel shall meet within 30 days of its appointment, shall hear a presentation by the State agency which has been denied certification, and shall, within 30 days of its meeting or at the next scheduled Commission meeting, whichever is later, make its recommendations known to the full Commission.

(4) In considering the matter of local certification, the panel and the Commission shall utilize as criteria the relevant portions of the approved local Critical Area program, and may not substitute their judgment for that of the local certifying authority. If, on the other hand, it appears that the local certifying authority has failed to apply its own program criteria in a rational and reasonable manner, or has been arbitrary and capricious in the application of those criteria to the proposed development, the panel may recommend, and the Commission by majority vote may act, to certify the proposed development. The Commission's final decision shall be in writing.

(5) A State agency which is aggrieved by the final decision of the Commission is entitled to bring whatever appeal or civil action may be appropriate before the courts of this State.