Md. Code Regs. 10.34.01.11

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

Section 10.34.01.11 - Exceptions Hearings

A. If a case has been delegated to the Office of Administrative Hearings under State Government Article, § 10-205, Annotated Code of Maryland, for proposed findings of fact, conclusions of law, and disposition, a party may file exceptions with the Board within 30 days of receipt of the recommended decision.

B. The opposing party to the exceptions shall respond within 15 days of receipt of the exceptions.

C. If a party files exceptions, the Board shall schedule a hearing to be held before a quorum of the Board.

D. The exceptions hearing shall be a nonevidentiary hearing to provide the parties with an opportunity for oral argument on the exceptions to the recommended decision.

E. The Board shall:

(1) Consider:

(a) The exceptions;

(b) Responses to exceptions; and

(c) The record in the case; and

(2) Issue an order containing accepted findings of fact, conclusions of law, and disposition.

F. The presiding officer:

(1) Shall determine procedural issues governed by this regulation; and

(2) May:

(a) Impose reasonable time limitations; and

(b) Make rulings reasonably necessary to facilitate the effective and efficient operation of the exceptions hearing.

G. If the parties do not file timely exceptions, a quorum of the Board shall:

(1) Consider the recommended decision from the Office of Administrative Hearings; and

(2) Issue an order based on the:

(a) Board's accepted findings of fact and conclusions of law; and

(b) The record of the case.

Md. Code Regs. 10.34.01.11

Regulations .11 adopted effective September 1, 2003 (30:17 Md. R. 1203)