Md. Code Regs. 02.02.06.25

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

Section 02.02.06.25 - Record of Proceedings

A. Recording of Oral Proceedings. The Division shall cause all oral proceedings, including testimony, to be recorded by a stenographer or by tape recorder or other device. The recording of the proceedings, which need not be transcribed, shall be maintained in the custody of the Division. In the event of an appeal from a decision of the Commissioner, the appellant shall pay the cost of transcription of the record. Other verbatim reports or recordings may not be made by any other person without the consent of the Commissioner.

B. The record of a contested case shall include:

(1) All pleadings, motions, orders, and related papers filed with the Commissioner or the Office of Administrative Hearings;

(2) All documentary and tangible evidence;

(3) A statement of matters officially noticed;

(4) Recordings and any transcripts of oral proceedings;

(5) The findings of fact and conclusions of law proposed by each party;

(6) Any exceptions filed by the parties and the Commissioner's rulings on those exceptions;

(7) The findings of fact, conclusions of law, and decision of the Commissioner;

(8) If a case has been delegated to the Office of Administrative Hearings for a proposed decision:

(a) The notice of delegation;

(b) Any notice of revocation;

(c) The proposed decision, including proposed findings of fact and proposed conclusions of law, of the administrative law judge;

(d) Any exceptions filed by the parties;

(e) The Commissioner's rulings on any exceptions and proposed findings of fact or conclusions of law; and

(f) Any additional information or documentation submitted to the Commissioner by the parties;

(9) The final order, if any, of the Commissioner; and

(10) Other documents or material placed in the record as required by law or at the discretion of the Commissioner.

C. Index of Record. The Division shall prepare an index of the record of proceedings.

D. Public Inspection. Upon compilation, the record shall be available for public inspection at the Division during normal business hours unless the contents are otherwise protected by law.

E. Copy of Record. The Division, upon request of a party, shall arrange for a copy of the record to be made, if the requesting party pays in advance to the Office of the Attorney General the Division's estimate of the reasonable cost of making the copy. The copy shall be certified by the Commissioner.

Md. Code Regs. 02.02.06.25