Md. Code Regs. 22.03.04.10

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

Section 22.03.04.10 - Final Decision of the Board of Trustees

A. This regulation applies only if a judge, after conducting a hearing as provided in Regulation .09 of this chapter, issued a proposed decision that was not a proposed default order.

B. Opportunity to Present Argument.

(1) The Board Secretary shall notify the parties of their right to present argument to the Board of Trustees.

(2) A party shall notify the Board Secretary within the time required in the Board Secretary's notice if the party intends to present argument to the Board of Trustees.

C. Exceptions Hearing Before the Board of Trustees.

(1) The Board Secretary shall:

(a) Coordinate with the parties to schedule the argument before the Board of Trustees; and

(b) Notify the parties of the date, time, and place for argument.

(2) Postponement.

(a) Postponement of the argument before the Board of Trustees ordinarily is not allowed.

(b) Except in the case of an emergency or in unusual circumstances, a request for postponement of an argument before the Board of Trustees may not be considered unless it is received by telephone by the Board Secretary at least 24 hours before the date set for the argument.

(3) Failure to Appear.

(a) Except as provided in §C(3)(b) of this regulation, if a party fails to appear at the scheduled date, time, and place of argument, the failure is considered a waiver of the request to make argument and the Board of Trustees shall issue a final decision as provided in §E of this regulation.

(b) If a majority of the Board of Trustees believes it is desirable to hear the argument of a party to assist them in making the final decision, the Board of Trustees may defer action on the claim until the Board Secretary advises the Board of Trustees that:

(i) The party has withdrawn the request to present an argument to the Board of Trustees; or

(ii) The claim has been rescheduled at a date, time, and place that is convenient for the parties and the Board of Trustees.

D. Official Record.

(1) Within a reasonable time before the Board of Trustees' meeting, the Board Secretary shall provide a copy of the official record of the hearing compiled by the judge, the proposed decision, and any exceptions filed by a party to each member of the Board of Trustees and each party.

(2) The Board of Trustees may not accept additional evidence or hear testimony of witnesses.

E. Conduct of Argument.

(1) The party's claim shall be called to order by the presiding officer.

(2) The presiding officer shall:

(a) Allow the party and the party's attorney, if any, to present the party's argument;

(b) Regulate the course of the argument, including the conduct of the parties and their attorneys;

(c) Limit the period of time for argument;

(d) Restrict the party's argument if it is incompetent, irrelevant, immaterial, or unduly repetitious; and

(e) Exclude evidence that is not in the official record.

(3) Following each party's presentation, members of the Board of Trustees may ask questions.

F. Final Decision.

(1) The Board of Trustees shall issue a final decision based solely on:

(a) The official record compiled by the judge;

(b) The proposed decision of the judge;

(c) The exceptions filed by a party to the proposed decision; and

(d) Argument, if any, presented to the Board of Trustees.

(2) The Board Secretary shall notify the parties of the Board of Trustees' decision and include a written statement of the party's appeal rights with the final decision.

Md. Code Regs. 22.03.04.10

Regulation .10A amended effective May 17, 1999 (26:10 Md. R. 799)
Regulation .10E amended effective May 24, 2004 (31:10 Md. R. 796); amended effective 50:2 Md. R. 51, eff. 2/6/2023