Md. Code Regs. 10.02.03.08

Current through Register Vol. 51, No. 26, December 27, 2024

Section 10.02.03.08 - Findings, Conclusions and Decisions

A. The administrative law judge shall prepare a written summary of findings and conclusions, based exclusively on the record, and shall make a recommendation based on those findings and conclusions. The summary of findings and conclusions shall state the policies, regulations, or laws upon which the decision is based.

B. A copy of the findings, conclusions and decisions shall be forwarded to the appellant or his representatives no later than 60 days after the date of the hearing.

C. The recommendation of the administrative law judge, after approval by the Secretary of Health and Mental Hygiene, shall be final and binding upon the Division and shall be implemented immediately unless otherwise specifically indicated in the decision. When the hearing decision is favorable to the appellant, or when the Division grants the relief the appellant requests before the hearing decision, the Division, where applicable, shall authorize corrected billing or other relief retroactive to the date the incorrect action was taken.

D. The decision, if not favorable to the appellant, may be appealed to the Board of Review as provided by law in Health-General Article, §2-207, Annotated Code of Maryland.

E. Subsequent appeals, as provided by law, may be taken by the appellant.

Md. Code Regs. 10.02.03.08

Regulation .08A, C amended effective June 28, 1999 (26:13 Md. R. 1019)