Md. Code Regs. 10.25.05.11

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

Section 10.25.05.11 - Review of Decisions on Requests for Data

A. Request for Further Review of Decisions on Requests for Data.

(1) An applicant may submit a written request for full Commission review of a written decision issued by the Executive Director or a review panel, as applicable, under Regulation .10G of this chapter, within 20 business days of the date the written decision is issued, which shall:

(a) State with particularity the grounds and factual basis for an applicant's disagreement with the decision and include citations to specific documentation or authority for each argument made in support of an applicant's disagreement with the decision;

(b) Include all relevant supporting documentation and authority cited in §A(1)(a) of this regulation;

(c) Specify the remedy requested:

(i) Reversal of the decision and unconditional release of the requested data; or

(ii) Modification of the decision to release the requested data subject to conditions; and

(d) If desired, include a written request to present oral argument to the full Commission, which shall be scheduled if requested.

(2) After reviewing and considering an applicant's written request for review of a decision and any oral argument, if applicable, the full Commission shall issue a written decision affirming, reversing, or modifying the decision reviewed.

B. Request for Reconsideration of Commission Decisions on Requests for Data.

(1) If the full Commission, instead of the Executive Director or a review panel, issues a decision on an application, an applicant may submit, within 20 business days of the date the Commission's written decision was issued, a written request, which shall conform to §A(1) of this regulation, that the Commission reconsider its decision.

(2) The Commission shall review and consider an applicant's written request for reconsideration of its previous decision and any oral argument, if requested, and issue a written decision affirming, reversing, or modifying its previous decision.

Md. Code Regs. 10.25.05.11

Regulation .11 adopted effective 48:25 Md. R.1071-1098, eff. 12/13/2021