Md. Code Regs. 17.02.03.08

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

Section 17.02.03.08 - Decisions

A. If the Secretary personally hears the evidence at the hearing, the Secretary shall issue a final decision within 90 days of the hearing.

B. Proposed Decision.

(1) If the Secretary does not personally hear the evidence at the hearing, the hearing officer shall issue a proposed decision within 90 days of the hearing according to the provisions of State Government Article, § 10-212, Annotated Code of Maryland, and a final decision may not be issued until the requirements of this section have been met.

(2) The proposed decision, including the findings of fact and conclusions of law on which it is based, shall be mailed to all parties immediately after its issuance. The parties shall also be notified that oral argument before the Secretary may be requested by any party adversely affected by the proposed decision.

(3) Within 15 days after receipt of the proposed decision, a party adversely affected by the proposed decision may file written exceptions to the proposed decision and request to present oral argument to the Secretary. Any party filing written exceptions or requesting oral argument shall include in the exceptions or request precise references to those sections of the record which the party wishes the Secretary to review. References to the record other than any transcript of testimony shall be indicated as R..., and references to the transcript of testimony as contained in the record shall be indicated as T.... If a party fails to provide these specific references, the Secretary may dismiss any request for oral argument and may base his review of the proposed decision on whatever portion of the record he deems appropriate.

(4) If an oral argument is not requested, the Secretary shall issue his final decision within 60 days of the hearing.

(5) If oral argument is requested, the Secretary shall set a date for oral argument within 30 days of the receipt of a request for oral argument and shall notify the parties of the date, time, and place for the argument.

(6) The Secretary shall issue a final decision within 30 days of oral argument. Copies of the decision shall be mailed to all parties, return receipt requested.

C. All final decisions issued by the Secretary shall include findings of fact and conclusions of law in accordance with State Government Article, § 10-214, Annotated Code of Maryland.

Md. Code Regs. 17.02.03.08