Md. Code Regs. 02.02.06.24

Current through Register Vol. 51, No. 12, June 14, 2024

Section 02.02.06.24 - Proposed Decisions and Final Decisions

A. Cases Heard by the Commissioner. The Commissioner shall prepare written findings of fact and conclusions of law, and shall promptly issue a final decision after the conclusion of any hearing held before the Commissioner. The final decision shall include rulings on any proposed findings of fact and conclusions of law submitted by the parties.

B. Cases Heard by an Administrative Law Judge.

(1) When the Commissioner has delegated authority to hear a case to the Office of Administrative Hearings but has reserved final decision-making authority, the administrative law judge shall send a proposed decision, including proposed findings of fact and conclusions of law, to the parties and the Commissioner.

(2) Within 15 days of receipt of the proposed decision, each party shall file with the Commissioner any exceptions to the proposed decision, any supporting memorandum, and any request to present argument to the Commissioner.

(3) Within 10 days of receipt of exceptions filed by an adverse party, a party may file a memorandum in opposition to those exceptions.

(4) The Commissioner shall review the hearing record, the proposed decision of the administrative law judge, and any exceptions and memoranda filed by the parties, and shall permit the parties to present arguments, if they request an opportunity to do so. Before issuing a final decision, the Commissioner may require the submission of additional information or documentation.

(5) The Commissioner shall issue a final decision that may adopt, modify, or reject the proposed findings of fact, proposed conclusions of law, or the proposed decision of the administrative law judge. The final decision shall include rulings on any exceptions filed by the parties.

C. Notice of Appeal Rights. A final decision of the Commissioner shall advise each respondent that any appeal to the circuit court shall be filed within 30 days from the date the order is mailed by the Division.

D. Final Decision by Default. The Commissioner may enter a final decision as to any respondent who fails to:

(1) File a timely responsive answer; or

(2) Appear for a hearing at the scheduled time and date.

E. Service of Final Decision. A final decision of the Commissioner shall be in writing. A copy of the final decision shall be hand delivered or mailed, by certified or registered mail, to each party or its representative or attorney.

F. Correction of Final Decision. In the event of fraud, mistake, or irregularity, the Commissioner may correct a final decision at any time.

Md. Code Regs. 02.02.06.24

Regulation .24B amended effective June 15, 1998 (25:12 Md. R. 944)