Md. Code Regs. 30.02.06.22

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

Section 30.02.06.22 - Proposed Orders; Exceptions

A. In any matter which has been delegated to the Office of Administrative Hearings, the administrative law judge shall issue proposed findings of fact and conclusions of law and a proposed decision which shall be served upon the parties.

B. In any matter which has been delegated to the Office of Administrative Hearings, the parties may file exceptions with the EMS Board within 20 days of receiving the proposed decision. A response to the exceptions may be filed within 15 days from the filing of the exceptions. If either party orders a transcript of the hearing before the Office of Administrative Hearings within 10 days of receiving the proposed decision, the time for filing exceptions is automatically extended to 20 days from the date the transcript is received.

C. The exceptions or response shall:

(1) Contain the legal and factual basis for the exceptions or response; and

(2) Be accompanied by copies of any portions of the record referred to in the exceptions.

D. A party who desires a transcript to be made a part of the proceedings shall, at the party's own expense, file a copy of the transcript with the EMS Board.

E. Upon a showing of good cause, the EMS Board may grant an extension for the filing of exceptions or any response.

F. The parties may request oral argument on the exceptions.

G. If oral argument is requested, a hearing shall be set as soon as practicable and all parties shall be notified of the date, time, and place for oral argument.

H. The presiding officer, ordinarily the Chair or Vice-Chair of the EMS Board, may limit the time given to each party for oral argument.

I. The presiding officer, ordinarily the Chair or Vice-Chair of the EMS Board, shall determine all procedural issues and may make any rulings necessary to facilitate the effective and efficient consideration of the exceptions.

J. If oral argument is not requested the EMS Board shall:

(1) Consider the matter as soon as practicable; and

(2) Notify all parties of the date that the matter will be considered.

K. The entire record shall be provided to the Chair of the EMS Board before consideration of the exceptions.

L. Copies of the exceptions, responses, and any accompanying documents shall be provided to the EMS Board at least 5 days before the matter is to be considered.

M. Additional evidence may not be introduced upon consideration of exceptions unless the party seeking to introduce it:

(1) Requests leave to submit the evidence at least 15 days before the EMS Board considers the exceptions; and

(2) Demonstrates to the satisfaction of the EMS Board that the new evidence:

(a) Is relevant and material,

(b) Was not discovered before the hearing, and

(c) Could not have been discovered before the hearing with the exercise of due diligence.

N. A majority of the EMS Board shall be present to consider the exceptions.

Md. Code Regs. 30.02.06.22

Regulation .22B amended effective July 1, 2002 (29:12 Md. R. 930)