Md. Code Regs. 10.35.01.13

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

Section 10.35.01.13 - Administrative Review of Correction of Findings and Conclusions

A. Except in a case of a finding of homicide, a person in interest as defined in State Government Article, § 10-611(e)(3), Annotated Code of Maryland, may request the Office of the Chief Medical Examiner to correct findings and conclusions on the cause and manner of death recorded on a certificate of death under State Government Article, §10-625, within 60 days after a medical examiner files those findings and conclusions.

B. A person in interest is defined as the spouse, adult child, parent, adult sibling, grandparent, or guardian of the person of the deceased at the time of the deceased's death.

C. The request to correct the findings and conclusions on a death certificate shall:

(1) Be in writing to the Chief Medical Examiner;

(2) Describe the requested change precisely; and

(3) State the reasons for the change.

D. Within 60 days after receiving the request in §C of this regulation, the Chief Medical Examiner shall provide the person in interest written notice of the action taken.

E. If the Chief Medical Examiner denies the request to correct findings and conclusions on the cause of death, the person in interest may appeal the denial in writing within 15 days to the Secretary. The Secretary shall refer the matter within 15 days of receipt to the Office of Administrative Hearings.

F. An administrative law judge shall conduct a hearing both on the denial and on the establishment of the findings and conclusions on the cause of death.

G. Upon reviewing the findings of fact submitted by an administrative law judge, the Secretary or the Secretary's designee shall issue an order within 60 days to:

(1) Adopt the findings of the administrative law judge; or

(2) Reject the findings of the administrative law judge and affirm the findings of the medical examiner.

H. If the Secretary or Secretary's designee rejects the findings of an administrative law judge, the person in interest may appeal that rejection to a circuit court of competent jurisdiction under Maryland law.

I. If the final decision of the Secretary or the Secretary's designee, or of a court of competent jurisdiction on appeal establishes a different finding or conclusion on the cause or manner of death of a deceased than that recorded on the certificate of death, the medical examiner shall amend the certificate to reflect the different finding or conclusion.

J. The medical examiner shall send a change letter to the Division of Vital Records to amend the certificate of death, to reflect the final decision of the Secretary or Secretary's designee, or a court of competent jurisdiction.

K. The final decision of the Secretary or the Secretary's designee, or of a court in an appeal under this regulation, may not give rise to any presumption concerning the application of any provision of or the resolution of any claim concerning a policy of insurance relating to the deceased.

L. If the findings of the medical examiner are upheld by the Secretary, the appellant is responsible for the costs of the contested case hearing, based on the billing rate established by the Office of Administrative Hearings. Otherwise, the Department is responsible for the costs.

Md. Code Regs. 10.35.01.13