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