Md. Code Regs. 02.02.06.07

Current through Register Vol. 51, No. 11, May 31, 2024

Section 02.02.06.07 - Delegation of Hearing Authority

A. Delegation. The Commissioner may delegate authority to conduct a hearing to the Office of Administrative Hearings or to another person designated in accordance with State Government Article, § 10-205(a), Annotated Code of Maryland.

B. Scope of Delegation. The Commissioner shall indicate in a written notice of delegation whether the Office of Administrative Hearings or other designated hearing officer is to issue proposed or final findings of fact, proposed or final conclusions of law, and a proposed or final decision. The Commissioner shall serve the notice of delegation on all parties and on the Office of Administrative Hearings or other designated hearing officer.

C. Revocation of Delegation. The Commissioner may revoke all or part of a delegation of a contested case to the Office of Administrative Hearings or other designated hearing officer if the case:

(1) Involves novel or unanticipated factual or legal issues;

(2) Has significant social or fiscal consequences;

(3) Involves policy issues of general applicability; or

(4) Is likely to have precedential value.

D. Procedures for Revocation.

(1) The Commissioner may revoke a delegation of a contested case at any time before a ruling on a substantive issue by the hearing officer or administrative law judge, or the taking of oral testimony from the first witness, whichever is earlier.

(2) The Commissioner shall issue a written notice of revocation that states briefly the reason for the revocation and specifies whether all or part of the delegation has been revoked. If only part of the delegation has been revoked, the Commissioner shall specify in the notice of revocation the portions of the contested case for which the delegation has been revoked.

(3) The Commissioner shall serve the notice of revocation on all parties and the Office of Administrative Hearings or other designated hearing officer.

(4) A decision issued by the Commissioner shall reflect the revocation of delegation, and a copy of the revocation notice shall be included as part of the record.

E. Withdrawal of Delegation with Consent of Parties. The Commissioner may withdraw all or part of a delegation of a contested case as to a respondent at any time with the consent of that respondent and the Division.

Md. Code Regs. 02.02.06.07

Regulation .07 amended effective June 15, 1998 (25:12 Md. R. 944)