Md. Code Regs. 28.04.01.07

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

Section 28.04.01.07 - Management of Conflicts with Contested Case Hearings

A. The review required under this chapter is independent of the Office's contested case hearing process.

B. The administrative law judge assigned to conduct the review required under this chapter, may not be:

(1) The administrative law judge who participates in a contested case hearing involving the same facts as the decision or action that is the subject of the referral; or

(2) Appointed by, under the oversight of, or a member of a board or commission whose decision or action is the subject of review.

C. The Office shall assign a separate case number and case code in its case management system to create an information barrier between a referral submitted under this chapter and a contested case hearing involving a decision or action of the board or commission.

D. The Office shall create an information barrier between the administrative law judge who reviews the referral submitted under this chapter and the administrative law judge who conducts a contested case hearing involving a decision or action of the board or commission that includes all records, decisions, discussions, and reviews.

Md. Code Regs. 28.04.01.07

Regulation .07 adopted effective 45:7 Md. R. 347, eff. 4/9/2018