Md. Code Regs. 14.35.10.04

Current through Register Vol. 51, No. 20, October 4, 2024

Section 14.35.10.04 - Delegation of Authority

A. Scope. This regulation applies to all requests for a hearing permitted under Regulation .01C of this chapter.

B. In accordance with State Government Article, § 10-205(a)(1)(ii), Annotated Code of Maryland, the Board delegates to the Office the authority to:

(1) The case:

(a) Involves novel or unanticipated factual or legal issues;

(b) Has significant social, fiscal, or legal issues;

(c) Involves policy issues; or

(d) Requires further investigation; or

(2) Issue:

(a) Final findings of fact and conclusions of law; and

(b) A proposed order.

C. The Board may revoke all or part of a delegation of authority to preside over a hearing if:

(1) The case:

(a) Involves novel or unanticipated factual or legal issues;

(b) Has significant social, fiscal, or legal issues;

(c) Involves policy issues; or

(d) Requires further investigation; or

(2) The Board determines that revocation of all or part of the delegation of authority is otherwise in the public interest.

D. Procedure for Revocation.

(1) The Board shall provide written notice of a revocation of hearing authority to all parties and the entity conducting the contested case hearing under State Government Article, § 10-205(a)(1)(ii), Annotated Code of Maryland.

(2) The written notice shall contain a brief statement of the reason for the revocation.

(3) Delegation of authority to hear a contested case may be revoked at any time before the earlier of the:

(a) Issuance of a ruling by the entity delegated authority to conduct a contested case hearing under §A of this regulation on a substantive issue; or

(b) Taking of oral testimony from the first witness.

(4) The Board shall specify whether all or part of the delegation to hear a contested case has been revoked.

(5) If only part of the delegation has been revoked, the Board shall specify in the written notice of revocation the portions of the contested case for which the delegation has been revoked.

(6) On revocation of the delegation, the Board shall:

(a) Cause further investigation;

(b) Set the contested case for a hearing with the Board or the Board's designee acting as the hearing officer as permitted under State Government Article, § 10-205(a)(1)(ii), Annotated Code of Maryland; or

(c) Dismiss the contested case.

Md. Code Regs. 14.35.10.04

Regulation .04 adopted effective 42:11 Md. R. 725, eff.6/8/2015; amended effective 50:13 Md. R. 513, eff. 7/10/2023