Md. Code Regs. 07.02.26.14

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

Section 07.02.26.14 - Decision and Order

A. Not later than 45 days after the hearing, OAH shall issue a decision and order to the:

(1) Appellant or, if represented at the hearing by an attorney, the appellant's attorney;

(2) The local department's appeal representative or attorney; and

(3) The Department.

B. The decision and order shall:

(1) Summarize the evidence presented; and

(2) Contain a determination as to whether the local department established by a preponderance of the evidence that its finding was consistent with the law and supported by credible evidence.

C. If the ALJ upholds a local department's finding of the appellant as responsible for indicated child abuse or neglect, the ALJ shall permit the local department to identify the appellant as responsible for child abuse or neglect in a centralized confidential database.

D. If the ALJ determines that the local department's finding or the identification of the appellant as responsible for unsubstantiated or indicated child abuse or neglect was not consistent with the law or not supported by credible evidence, the ALJ shall order the local department to do one or more of the following:

(1) Modify the finding to indicated, unsubstantiated, or ruled out;

(2) Expunge all references to the appellant as responsible for child abuse or neglect; or

(3) Change the type of maltreatment from:

(a) Abuse to neglect; or

(b) Neglect to abuse.

E. After OAH issues the decision and order, OAH shall return the contested case record to the Department.

F. The ALJ's decision is subject to appeal by any party pursuant to State Government Article, § 10-222, Annotated Code of Maryland.

G. If the ALJ orders the local department to modify or expunge the finding, or expunge reference to the appellant as an individual responsible for child abuse or neglect and neither party appeals, the local department shall take the action within 30 days.

Md. Code Regs. 07.02.26.14

Regulations .14 adopted as an emergency provision effective October 1, 1993 (20:20 Md. R. 1551) (Emergency provisions are temporary and not printed in COMAR)
Regulations .14 adopted effective October 1, 1994 (21:19 Md. R. 1633)
Regulations .14 amended as an emergency provision effective June 16, 1998 (25:14 Md. R. 1119); emergency status extended at 26:9 Md. R. 725; emergency status rescinded at 26:16 Md. R. 1233
Regulations .14 adopted as an emergency provision effective July 19, 1999 (26:17 Md. R. 1233); emergency status extended at 26:27 Md. R. 2013 (Emergency provisions are temporary and not printed in COMAR)
Regulations .14 adopted effective March 20, 2000 (27:5 Md. R. 582); adopted effective 44:12 Md. R. 586, eff. 6/19/2017