Md. Code Regs. 25.01.03.08

Current through Register Vol. 52, No. 1, January 10, 2025

Section 25.01.03.08 - Decisions

A. If the Treasurer personally hears the evidence at the hearing, the Treasurer shall issue a final decision within a reasonable time of the hearing.

B. Proposed Decision.

(1) If the Treasurer does not personally hear the evidence at the hearing, the Office of Administrative Hearings shall issue a proposed decision within a reasonable time after the hearing according to the provisions of State Government Article, § 10-216, 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 or delivered to all parties immediately after its issuance.

(3) The parties also shall be notified that 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 the opportunity to present argument to the Treasurer. Any party filing written exceptions or requesting argument shall include in the exceptions or the request precise references to those sections of the record that the party wishes the Treasurer 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 Treasurer may dismiss any request to present argument and may base review of the proposed decision on whatever portion of the record the Treasurer deems appropriate.

(4) If an opportunity to present argument is not requested, the Treasurer shall issue a final decision.

(5) If argument is requested, the Treasurer shall set a date for presentation of argument and shall notify the parties of that date within 30 days of the receipt of the request.

(6) The Treasurer shall issue a final decision within a reasonable time of presentation of argument. Copies of the decision shall be delivered or mailed to all parties, return receipt requested.

C. Final decisions issued by the Treasurer shall include findings of fact and conclusions of law in accordance with State Government Article, § 10-221, Annotated Code of Maryland.

Md. Code Regs. 25.01.03.08

Regulation .08 amended effective November 8, 1993 (20:22 Md. R.1709)