12.09.01.04

.04 Request for Review.

A. An applicant shall make a request for review to the Board:

(1) In writing; and

(2) Within 10 days of the date the applicant received the Secretary's decision on the applicant's handgun permit.

B. Within 10 days of receipt of a request for review, the Chairman, or a designee, shall:

(1) Open a file on the request for review; and

(2) Notify the applicant, in writing, that the Board:

(a) Has received the request for review; and

(b) Shall decide on the request for review within 120 days of the Board's receipt of the request for review.

C. Processing a Request for Review.

(1) Within 30 days of the Board's receipt of the request for review, the Board may request, in writing, that the Secretary, or a designee, provide the Board with information concerning the action taken on the applicant's handgun permit.

(2) Within 90 days of the Board's receipt of a request for review, the Board shall act upon the request by:

(a) Reviewing at a Board meeting, information obtained under §C of this regulation and other information the Board acquires from the applicant or other sources; or

(b) Conducting a hearing.

(3) If the Board elects to conduct a hearing, the Board shall notify the applicant, in writing, at least 10 days before the date of the hearing.

(4) If the applicant fails to appear for a scheduled hearing, the Board may:

(a) Reschedule the hearing once; and

(b) If the applicant fails to appear for the rescheduled hearing, decide on the request for review without the applicant present.

(5) The Board's decision on an applicant's request for review shall be based on requirements under:

(a) Public Safety Article, §5-312, Annotated Code of Maryland; and

(b) COMAR Title 29.

(6) After processing a request for review, the Board may:

(a) Sustain the decision of the Secretary;

(b) Reverse the decision of the Secretary; or

(c) Modify the decision of the Secretary.

(7) A decision of the Board is based on a majority vote of Board members present at a meeting or hearing.

(8) If the Board is unable to reach a decision by majority vote, the decision of the Secretary stands.