Md. Code Regs. 07.01.04.21

Current through Register Vol. 51, No. 10, May 17, 2024

Section 07.01.04.21 - Delegation and Revocation of Hearing Authority

A. The Secretary may delegate to OAH all or part of the authority to hear a contested case.

B. The Secretary has delegated to OAH the authority to issue the final decision of the agency in all cases to which this chapter applies except those specified in §C of this regulation.

C. The Secretary has delegated to OAH the authority to issue a proposed decision, including proposed findings of fact and proposed conclusions of law, in decisions rendered pursuant to:

(1) COMAR 07.02.11 Foster Care;

(2) COMAR 07.02.12 Adoption;

(3) COMAR 07.02.25 LDSS Foster Home Requirements; and

(4) COMAR 14.31.05 Licensing and Monitoring of Residential Child Care Programs.

D. Consistent with the provisions of State Government Article, § 10-205, Annotated Code of Maryland, the Secretary may revoke, modify, or supplement authority delegated to OAH by written notice.

E. Criteria for Revocation of Authority in a Specific Case. The Secretary may revoke or modify all or part of OAH's authority in a specific case if the case may:

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

(2) Have significant social or fiscal consequences;

(3) Involve policy issues of general applicability; or

(4) Be likely to have precedential value.

F. Procedures for Revocation of OAH's Authority in a Specific Case.

(1) The Secretary shall provide written notice of a revocation of OAH's authority to all parties and OAH, which shall contain a brief statement of the reason for the revocation.

(2) The Secretary may revoke OAH's authority to decide a case at any time before the earlier of:

(a) Issuance of a ruling by the administrative law judge on a substantive issue; or

(b) Taking of oral testimony from the first witness.

(3) The Secretary shall specify whether all or part of OAH's authority to decide a case has been revoked. If only part of the delegation has been revoked, the Secretary shall specify in writing in the notice of revocation the portions of the contested case for which delegation has been revoked.

(4) A decision issued by the Secretary shall reflect that OAH's authority was revoked, and a copy of the revocation notice shall be included as part of the record.

Md. Code Regs. 07.01.04.21

Regulation .21C amended effective October 22, 2007 (34:21 Md. R. 1913)