Md. Code Regs. 10.38.05.12

Current through Register Vol. 51, No. 25, December 13, 2024

Section 10.38.05.12 - Revocation of Hearing Authority from the Office of Administrative Hearings

A. Consistent with the provisions of State Government Article, § 10-205, Annotated Code of Maryland, the Board may revoke authority delegated to the Office of Administrative Hearings by written notice.

B. Criteria for Revocation of Authority in a Specific Case. The Board may revoke all or part of the Office of Administrative Hearings' authority in a specific case if the case:

(1) Involves novel or unanticipated factual or legal issues;

(2) Has significant fiscal consequences to the Board;

(3) Involves policy issues of general applicability; or

(4) Is likely to have precedential value.

C. Procedures for Revocation of the Office of Administrative Hearings' Authority in a Specific Case.

(1) The Board shall provide written notice of a revocation of the Office of Administrative Hearings' authority:

(a) To:

(i) All parties; and

(ii) The Office of Administrative Hearings; and

(b) That includes:

(i) A brief statement of the reasons for the revocation;

(ii) Whether all or part of the Office of Administrative Hearings' delegated authority has been revoked; and

(iii) If only part of the delegation has been revoked, the portions of the contested case for which the delegation has been revoked.

(2) The Board may revoke the Office of Administrative Hearings' authority to decide a case at any time before the earlier of:

(a) Issuance of a ruling by the administrative law judge on a substantive issue; or

(b) Taking of oral testimony from the first witness.

(3) A decision issued by the Board shall reflect that the Office of Administrative Hearings' authority was revoked.

(4) The Board shall include as part of the record a copy of the revocation notice.

Md. Code Regs. 10.38.05.12