Md. Code Regs. 10.01.02.08

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.01.02.08 - The Record

A. The hearing examiner controls the record.

B. The hearing examiner shall assemble a record that consists of all of the following:

(1) Exhibits and documents entered into the record, such as:

(a) Proposed regulations or applications for licenses, certificates, or permits,

(b) Documentation of public notification of the hearing, and

(c) Relevant supporting and opposing documentation obtained before, during, and subsequent to the hearing;

(2) The register of all persons who attended the hearing including their names, addresses, and any affiliations relevant to the hearing;

(3) In accordance with Regulation .07 of this chapter, any:

(a) Full or partial transcript of the hearing made or purchased by the Department, and

(b) Tape recording or stenographic notes of the hearing made by the Department;

(4) A hearing examiner's report consisting of all of the following:

(a) A statement of the purpose of the hearing including citations of applicable laws and regulations,

(b) An account of the methods of public notification of the hearing,

(c) An account of the attendance and conduct of the hearing,

(d) A summary of supporting and opposing arguments and analyses of those arguments in light of relevant laws and regulations,

(e) Relevant findings such as compliance with law or sufficiency of proposed regulations, and

(f) Conclusions and recommendations for a final decision; and

(5) The final decision of the decision-making authority.

C. Maintenance of and public access to the record is governed by State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland, and by COMAR 10.01.08.

D. The Department shall maintain copies of the record as follows:

(1) The Office of the Secretary shall maintain the original of the record; and

(2) Except for the tape recording or stenographic notes specified in §B(3)(b) of this regulation, the office of the director of the unit concerned shall maintain a copy of the record.

Md. Code Regs. 10.01.02.08

Regulations .08 adopted effective September 13, 1993 (20:18 Md. R. 1429)