Sec. 34.04.01.08. Approvals

A. Departmental Approval.

(1) After analysis by the Trust staff, the Trustees shall review each proposed expenditure from the Fund, including the general terms of the expenditure as well as any special terms and conditions for the project.

(2) The Trustee's recommendations with regard to expenditures shall be forwarded to the Secretary.

(3) Upon receipt of the recommendations, the Secretary shall approve or disapprove each expenditure.

B. Board of Public Works Approval. The Secretary shall submit to the Board of Public Works for final approval action:

(1) All Trust direct expenditures under Regulation .05D of this chapter, for acquisition, rehabilitation, or restoration; and

(2) Grants, emergency project grants, and Trust direct expenditures for education and promotion which are to be funded with the proceeds of a sale of State general obligation bonds.

C. Inapplicable Provisions.Grants, emergency project grants, and Trust direct expenditures submitted to the Board of Public Works in accordance with §B(2) of this regulation are not subject to the provisions of the State Finance and Procurement Article, Titles 4 and 5, Annotated Code of Maryland, or otherwise subject to review by the Department of General Services or any other State unit.

D. Rejection and Reconsideration.

(1) If the Trustees determine not to recommend approval of a project for a grant or if the Secretary does not approve a grant, the Trust shall issue a written notice of rejection.

(2) Applicants may request reconsideration of a rejection made by the Trustees by submitting a written request to the Director which is received within 30 days following the date of the Trust's rejection notice. The Director shall respond in writing either within 30 days of receipt by the Trust of the request for reconsideration or within 5 days of the next Trustees' meeting, whichever occurs later. The Secretary shall take final action regarding any applicant's request for reconsideration of the Director's response.

(3) If the Secretary disapproves a grant recommended by the Trustees, the Secretary's decision is final.

(4) A decision or reconsideration of a decision is not a contested case within the meaning of State Government Article, §10-201 et seq., Annotated Code of Maryland.