Whenever an applicant is found ineligible, or not qualified for a Tax Credit, they shall be notified through a standard
denial letter (HTC-18) developed by the Department [Section 9-104(l)]. The reason(s) for the determination of ineligibility shall be
indicated, and the applicant will be advised where to inquire if further questions remain. The specific reasons for which a Tax Credit
may be denied an applicant are: (1) untimely filing [Section 9-104(k)]; (2) insufficient legal interest [Section 9-104(a)(9)]; (3) the
dwelling is not the principal residence [Section 9-104(a)(5)]; (4) the net worth limitation [Section 9-104(i)(2)]; (5) income ineligibility
[Section 9-104(g)]; and (6) failure to substantiate the income reported [Section 9-104(k)(4)], and COMAR 18.07.01.03B(7).
Whenever an applicant is denied a credit for failure to substantiate the income reported or for failure to respond to the Department's
request for information/forms, then the local employee should have attached to the individual's application copies of the form letters mailed
out earlier trying to elicit the information. Copies of the actual form letters mailed to the applicant will document the reasonableness of
the Department's complete denial of the application at any subsequent Property Tax Assessment Appeals Board hearing. Form letters HTC-14 and
14A are provided specifically for this purpose.
The standard denial letter also shall advise the applicant of their right to a formal appeal of the determination to the local Property Tax
Assessment Appeals Board. The applicant must make a formal appeal in writing within thirty days of the date of the original notification of
ineligibility.
Prior to the actual scheduling of any Tax Credit case before the Appeals Board, the local Supervisor of Assessments must apprise the
Administrator of the Homeowners' Tax Credit Program of the factual particulars to provide an opportunity for administrative remedy.
Any appeals to the Maryland Tax Court regarding the denial of a Tax Credit will be filed on the "Various Appeals Petition," or a Maryland
Tax Court Form. A factual summary of the issues presented in each case, in addition to all pleadings, notices and acknowledgments, shall be
sent by the local Assessment Office to the attention of the Administrator of the Homeowners' Tax Credit Program.
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