Md. Code Regs. 10.01.03.18

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

Section 10.01.03.18 - Exceptions; Requests for Oral Argument

A. Exceptions to an ALJ's proposed decision shall be filed with the Secretary within 21 days after the ALJ's proposed decision is received. Receipt is presumed to occur 3 days after mailing.

B. Exceptions shall be in writing and contain a concise statement as to each portion of the ALJ's determination to which exception is taken and the asserted basis for taking the exception.

C. Any party may file a written response to exceptions taken to the ALJ's proposed decision within 14 days of the filing of exceptions.

D. A copy of the exceptions and any response shall be served on all parties to the proceedings.

E. The Secretary shall hear oral argument on the exceptions and may limit the time for oral argument in the discretion of the Secretary.

F. The Secretary shall consider the exceptions filed before rendering the final agency decision.

G. A party that intends to refer to any evidence produced at the hearing before the ALJ shall notify the agency of the specific evidence in its request for exceptions. That party is responsible for filing with the Secretary a copy of the transcript of the hearing, or relevant portions of it, at that party's expense, at least 5 days before the scheduled exception hearing.

H. If all parties are in agreement, a stipulation of facts may be submitted instead of a transcript.

I. Additional evidence may not be introduced, nor may testimony of witnesses be heard by the Secretary. All exception hearings or reviews shall be conducted on the basis of the record compiled before the ALJ.

J. Within 90 days after the conclusion of the exceptions hearing, the Secretary shall adopt a final decision and, if appropriate, an order. Copies of the final decision and findings of fact and conclusions of law shall be delivered or mailed promptly to all parties or to their attorneys.

Md. Code Regs. 10.01.03.18

Regulations .18 adopted effective February 6, 1989 (16:2 Md. R. 158)
Regulations .18 adopted effective 42:7 Md. R. 567, eff.4/13/2015