Code of Maryland Regulations
Title 01 - EXECUTIVE DEPARTMENT
Subtitle 06 - GOVERNOR'S OFFICE OF COMMUNITY INITIATIVES
Chapter 01.06.01 - Recognition of Maryland Indian Status
Section 01.06.01.08 - Processing Petitions

Universal Citation: MD Code Reg 01.06.01.08

Current through Register Vol. 51, No. 19, September 20, 2024

A. The Commission shall accept for review all complete petitions. A petition may not be considered complete until the Commission has received all information requested in the petition form or required by these regulations.

B. Within 30 days after a petition is received, the Commission shall notify the petitioning group in writing that the petition is:

(1) Complete; or

(2) Incomplete and specific additional information is required to complete the petition.

C. If the petitioning group fails to complete the petition within 1 year after notice is mailed to the petitioning group that the petition is not complete, the petition shall be deemed withdrawn, and the Commission shall notify the petitioning group. If the petitioning group during the 1-year period requests additional time to complete the petition and provides reasonable justification, the Commission may grant one additional period of up to 1 year for the petitioning group to complete the petition.

D. Within 15 days after the Commission determines the petition is complete under §B of this regulation, the Commission shall refer the petition to the Recognition Advisory Committee established under Regulation .11 of this chapter.

E. Subject to availability of funds necessary to compensate Recognition Advisory Committee members, within 25 days after referral under §D of this regulation, the Recognition Advisory Committee shall review the documentation submitted for the petition and may, through the Commission, request the petitioning group to submit any specific additional documentation necessary to determine whether a petitioning group meets the criteria set forth in Regulation .04 of this chapter.

F. Within 30 days after a request for additional documentation under §E of this regulation is mailed or delivered to the petitioning group, the petitioning group shall submit to the Commission all additional documentation requested.

G. If the documentation requested under §F of this regulation is not submitted, the Commission shall promptly return the petition to the petitioning group with notice that the petition has been considered withdrawn. If the Commission determines that all documentation requested has been submitted, the Commission staff shall promptly notify the petitioning group.

H. Within 180 days after the Commission notifies the petitioning group that all documentation requested has been received, the Recognition Advisory Committee shall complete review of the petition and advise the Commission whether the petitioning group meets the recognition criteria set forth in Regulation .04 of this chapter.

I. In advising the Commission whether a petition meets the recognition criteria set forth in Regulation .04 of this chapter, the Recognition Advisory Committee shall:

(1) Consider the petition, all submissions in support of or in opposition to the petition, and the petitioning group's written response, if any; and

(2) Use to the maximum extent practicable the information and sources available to it, including individuals not on the Recognition Advisory Committee who have knowledge or experience with federal or other State Indian tribe recognition procedures or an understanding of the history of Native Americans indigenous to Maryland.

J. A Recognition Advisory Committee member or a Commissioner may not participate in any way in deliberations with respect to a petition made by a petitioning group of which a Recognition Advisory Committee member or Commissioner is a member.

K. Within 30 days after receiving the Recognition Advisory Committee's advice, the Commission shall:

(1) Review the Recognition Advisory Committee's advice and, subject to § L of this regulation, determine whether the petition meets the criteria set forth in Regulation .04 of this chapter; and

(2) Notify the petitioning group and all other persons requesting notice of the Commission's determination by first class mail.

L. If the Commission determines that the information or documentation submitted in support of the petition is not adequate to establish that the petitioning group meets the criteria set forth in Regulation .04 of this chapter, then:

(1) Within 30 days of the determination, the Commission may request the petitioning group to submit specific additional information or documentation within 60 days;

(2) Within 30 days after receipt of the additional information or documentation, the Commission shall follow the procedures under § K of this regulation.

M. Subject to Regulation .09 of this chapter, if the Commission determines that the petitioning group meets the criteria set forth in Regulation .04 of this chapter, the Commission shall submit to the Governor a recommendation, together with its determinations, that the petitioning group be formally recognized as a Maryland Indian tribe, band, group, or clan.

Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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