Md. Code Regs. 10.38.05.11

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

Section 10.38.05.11 - Recommended Decisions, Exceptions Hearings, and Oral Argument

A. If a case has been delegated to a hearing committee of the Board or to the Office of Administrative Hearings pursuant to State Government Article, §10-205, Annotated Code of Maryland, the hearing committee or administrative law judge shall prepare a recommended decision for consideration by a quorum of the Board.

B. A quorum of the Board may include members of the hearing committee.

C. The hearing committee shall issue a recommended decision within 90 days of the conclusion of the hearing. This 90-day time frame may be extended by a majority vote of a quorum of the Board.

D. The Board shall notify the parties of the parties' right to:

(1) File written exceptions to the recommended decision issued by the administrative law judge or the hearing committee; and

(2) Present oral argument to the Board.

E. A party may file written exceptions to the recommended decision issued by the administrative law judge or the hearing committee within 30 days of receipt of the recommended decision.

F. The party opposing the exceptions has 15 days to file a written response.

G. The Board may refuse to consider exceptions or responses filed in violation of §§E and F of this regulation.

H. Oral Arguments.

(1) If either party files exceptions, the Board shall schedule an oral argument to be held before a quorum of the Board.

(2) After oral argument, the Board shall prepare an order containing the:

(a) Accepted findings of fact;

(b) Conclusions of law; and

(c) Disposition.

(3) The Board may refuse to hear oral argument if exceptions are not timely filed.

(4) The presiding officer shall:

(a) Determine all procedural issues that are governed by this regulation;

(b) Make any rulings reasonably necessary to facilitate the effectiveness and efficiency of oral argument; and

(c) Impose reasonable time limitations on oral argument and, ordinarily, limit the parties to 30 minutes each.

(5) The party filing the exceptions shall proceed first.

I. If the parties do not file timely exceptions and no oral argument is scheduled, a quorum of the Board shall consider the recommended decision issued by the administrative law judge or hearing committee.

J. The Board shall prepare an order based on the Board's review of the:

(1) Recommended decision of the administrative law judge or hearing committee;

(2) Record developed before the administrative law judge or hearing committee; and

(3) Any exceptions and responses filed by the parties.

Md. Code Regs. 10.38.05.11