Md. Code Regs. 13A.16.18.08

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

Section 13A.16.18.08 - Decision

A. The administrative law judge shall:

(1) Base the decision on the complete record; and

(2) Determine whether the Office correctly applied State regulations in effect at the time the Office reached the Office's decision.

B. The final decision of the administrative law judge shall be accompanied by findings of fact and conclusions of law.

C. The final decision shall be binding upon the Department and shall be implemented immediately unless otherwise specifically indicated in the decision.

D. The decision of the Office of Administrative Hearings in cases under this chapter constitutes the decision of the Department.

E. A copy of the decision shall be delivered or mailed promptly to each party or the attorney of record.

F. A party dissatisfied with the decision of the administrative law judge may appeal that decision directly to the Circuit Court of the appropriate jurisdiction within 30 days from the date notice of the decision is sent to the party, or as otherwise provided in Maryland Rules 7-201-7-211.

Md. Code Regs. 13A.16.18.08

Regulations .08 adopted as an emergency provision effective February 20, 1991 (18:5 Md. R. 589); emergency status expired August 20, 1991
Regulations .08 adopted effective September 2, 1991 (18:17 Md. R. 1916)
Regulation .08F amended effective April 19, 2010 (37:8 Md. R. 618)