Md. Code Regs. 16.02.05.01

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

Section 16.02.05.01 - Record of Proceedings

A. Record Required. The Secretary shall prepare an official record of each hearing.

B. Contents. The record shall consist of:

(1) All documents giving rise to the proceeding;

(2) All requests for hearing;

(3) All notices of proceedings;

(4) All prehearing orders;

(5) All questions;

(6) All motions, pleadings, petitions, and requests and the ruling on each;

(7) All briefs and memoranda;

(8) All documentary and tangible evidence received or considered;

(9) A statement of each fact of which official notice is taken;

(10) Each proffer of proof and the ruling on the proffer;

(11) Each objection and the ruling on the objection;

(12) Any staff memorandum submitted to an individual involved in the decision-making process by an official or employee of the Department who is not authorized to participate in the decision-making process;

(13) All matters placed on the record after an ex parte communication;

(14) Each proposed finding of fact, conclusion of law, and order proposed by a party or the presiding officer;

(15) Each exception to a proposed finding of fact, conclusion of law, or order proposed by the presiding officer;

(16) Each intermediate, proposed, and final ruling or order, including each report or opinion issued in connection with that ruling or order; and

(17) The recording of the hearing and, if made, of any prehearing proceeding, and any transcript made of the recording.

Md. Code Regs. 16.02.05.01