Md. Code Regs. 17.04.07.11

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

Section 17.04.07.11 - The Record

A. The Office shall prepare an official record of each appeal received.

B. The record shall consist of:

(1) The documents giving rise to the appeal;

(2) The request for an appeal;

(3) Notices of all proceedings;

(4) Any postponement requests and responses; and

(5) Any documents included in the file by mutual agreement of the parties.

C. The substance of settlement discussions and related documentation is not part of the record forwarded to the Office of Administrative Hearings unless the parties, by mutual agreement, request inclusion of this material.

D. Section C of this regulation does not prohibit a notation in the record by the Secretary or the Secretary's designee, when appropriate, that a party did not appear for a settlement conference.

E. The record for an appeal not resolved by the Office shall be forwarded to the Office of Administrative Hearings.

Md. Code Regs. 17.04.07.11

Regulations .11 adopted as an emergency provision effective February 12, 1997 (24:5 Md. R. 391); emergency status expired August 12, 1997; adopted permanently effective September 8, 1997 (24:18 Md. R. 1297)