Md. Code Regs. 10.25.12.02

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

Section 10.25.12.02 - Process for Levying and Appealing an Assessment

A. The Executive Director shall determine the amount assessed pursuant to this chapter by considering the factors set forth in Regulation .03.

B. The Executive Director shall issue a notice of assessment to a party found to have filed untimely or inaccurate information, explaining the basis for the assessment.

C. A party assessed a fine has 10 business days from the date of receipt of the assessment to appeal the assessment to the Commission.

D. Upon receipt of an appeal, the Chairman of the Commission may:

(1) Schedule a date for hearing the appeal before the full Commission; or

(2) Appoint a commissioner to act as a hearing officer.

E. Commission staff may participate in the hearing.

F. If the Chairman appoints a commissioner as a hearing officer, the hearing officer shall issue a proposed decision containing proposed findings of fact and conclusions of law.

G. Parties may file exceptions to the hearing officer's proposed decision with the full Commission.

H. Exceptions shall identify specific aspects of the proposed decision with which the excepting party disagrees and explain the basis of the disagreement with specific citation to the record or applicable law.

I. The full Commission shall entertain oral argument on exceptions and issue a final decision.

J. All hearings shall be conducted in accordance with the procedural requirements of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

Md. Code Regs. 10.25.12.02