Md. Code Regs. 16.02.05.04

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

Section 16.02.05.04 - Final Decision and Order

A. In General. Each final decision and order shall comply with State Government Article, § 10-221, Annotated Code of Maryland.

B. Authority of Secretary.

(1) The Secretary is not bound by an administrative law judge's recommendation, even if no exceptions have been filed.

(2) If exceptions have not been filed and, after reviewing a proposed decision by an administrative law judge, the Secretary is unable to approve that decision as written, the Secretary shall notify all parties and invite arguments from the affected parties on the issues the Secretary is reconsidering.

C. Final Agency Decision.

(1) The Secretary's decision is the final decision of the Department for the purpose of judicial review.

(2) In the event of fraud, mistake, or irregularity, the Secretary may correct a final decision at any time.

D. Service. Copies of the final decision, including the Secretary's findings of fact, conclusions of law, and order, shall be delivered or mailed promptly to all parties.

Md. Code Regs. 16.02.05.04