Md. Code Regs. 12.11.04.09

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

Section 12.11.04.09 - Decisions and Orders

A. The presiding officer shall use a preponderance of evidence as the standard of proof, unless the standard of clear and convincing evidence is required by regulation or statute.

B. The presiding officer shall:

(1) Prepare the final decision in writing or state it in the record;

(2) If the final decision is in writing, forward a copy to each party or to the party's attorney;

(3) Include findings of fact and conclusions of law, separately stated; and

(4) Include procedures and time limits for filing exceptions.

C. If the final decision maker in a contested case does not personally preside over the original hearing, the final decision for a contested case shall be made under State Government Article, § 10-216, Annotated Code of Maryland.

Md. Code Regs. 12.11.04.09