Md. Code Regs. 10.37.10.15

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.37.10.15 - Decision and Opinions of the Commission

The decision and the opinions of the Commission shall be based solely on the testimony, examination, and evidence presented at the public hearing, on the briefs filed, if any, on the evidence incorporated into the record of the proceeding by reference, on information and data in the record of the proceeding, and on matters as to which the Commission has taken official notice, which matters shall be made known to the parties to the proceedings.

B. The deliberations of the Commission may be held in private executive session.

C. The decision shall be made by a majority of the Commission members attending all sessions of the public hearing, or having read the record of hearings they did not attend.

D. The decision shall be in writing and shall be based on a written majority or unanimous opinion stating the reasons and grounds for the Commission's decision. If a majority of Commissioners who are to render the final decision have not heard the evidence, the decision, if adverse to a party to the proceeding other than the Commission itself, may not be made until a proposal for decision, including findings of fact and conclusions of law, has been served upon the parties, and an opportunity has been afforded to each party adversely affected to file exceptions and present argument to a majority of the Commissioners who are to render the decision, who shall personally consider the whole record or those portions of it as may be cited by the parties.

E. At the discretion of a Commission member (or members) who agrees with the decision reached by the majority of the Commission, but who does not agree with the majority opinion, or any part of it, the Commission member (or members) may file a written concurring opinion.

F. A commission member (or members) who does not agree with the decision or any part of it reached by the majority of the Commission may, at his discretion, file a written dissenting opinion.

G. The Commission's decision and the opinion (or opinions) shall be filed promptly and the Commission's staff then shall forward copies of the Commission's decision and the opinion (or opinions) to the hospital, to the designated interested parties, and to those parties who submitted written direct testimony before the public hearing.

H. The Commission shall then publish:

(1) An order approving, modifying, or disapproving the rates under review in the proceeding:

(2) A notice that copies of the Commission's decision and the opinion (or opinions) may be obtained by written request to the Commission offices; and

(3) A notice that the record of the complete proceeding is open for public inspection at the Commission offices during regular business hours.

Md. Code Regs. 10.37.10.15