Md. Code Regs. 14.03.05.15

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.03.05.15 - Administrative Decisions and Orders

A. Decision of Administrative Law Judge.

(1) In General.

(a) At the conclusion of the contested case hearing, the administrative law judge shall issue a written decision and order including findings of fact and conclusions of law upon each material issue of fact and law presented on record.

(b) A decision and order of the administrative law judge shall be in accordance with COMAR 28.02.01.22C.

(c) The written decision may:

(i) Affirm or reject all or part of the statement of charges; or

(ii) Substitute different findings and recommend appropriate remedies.

(d) The administrative law judge shall base the decision solely on a preponderance of the evidence contained in the record of the contested case hearing and shall reflect the evidentiary basis for its findings.

(e) An administrative law judge may consider any evidence regarding the factors described in Regulation .08A(3) of this chapter when determining whether to sustain an allegation presented in a statement of charges.

(2) Finding Against Complainant-False or Frivolous Complaint. If the administrative law judge finds that the complainant knowingly made a false or frivolous allegation, the administrative law judge shall make an initial decision dismissing the charge and order such relief as may be appropriate.

(3) Finding Against Respondent.

(a) If the administrative law judge affirms all or part of an allegation contained in the statement of charges, the administrative law judge may take additional evidence on the appropriate remedy to be recommended pursuant to State Finance and Procurement Article, § 19-110(a), Annotated Code of Maryland.

(b) The administrative law judge may consider:

(i) Evidence relating to the factors described in Regulation .10E(3) of this chapter; and

(ii) Other evidence considered relevant by the administrative law judge.

(c) Recommendations for Appropriate Action. If the administrative law judge affirms all or part of an allegation contained in the statement of charges, the administrative law judge may order any one or more of the following actions:

(i) Any remedy agreed upon by the respondent, complainant and the Commission;

(ii) Referral of the complainant to the Board of Public Works for a determination of disbarment pursuant to State Finance and Procurement Article, §§ 16-306 and 16-307, Annotated Code of Maryland, to preclude the business entity from bidding on or receiving contract awards on State projects, and participating in State contracts as a subcontractor, vendor, or supplier for a period of not more than 3 years;

(iii) Rescission, suspension, or termination of any current contract between the respondent and the State under the terms of that contract;

(iv) Exercise any other rights or remedies available to the State under any current contract between the respondent and the State;

(v) Finding that the respondent is not a "responsible bidder" within the meaning of State Finance and Procurement Article, § 11-101(r), Annotated Code of Maryland, with respect to specific contracts that the State has put out for bids or intends to put out for bids;

(vi) Referral of the matter for criminal prosecution of fraud and other violations under State law if appropriate under the circumstances; or

(vii) Mediation.

(4) Finding in Favor of Respondent. If the administrative law judge determines that the respondent has not engaged in an unlawful act of commercial discrimination or retaliation, the administrative law judge shall make an initial decision dismissing the charge.

B. Service of Decision. The decision of the administrative law judge shall be delivered to all parties with a notice indicating the right of any party to appeal the decision in accordance with State Finance and Procurement Article, § 19-113, Annotated Code of Maryland, and Regulation .16 of this chapter.

C. Final Decision and Order.

(1) The written opinion of the administrative law judge shall become the final administrative decision of the State, subject to judicial review pursuant to Regulation .16 of this chapter.

(2) On issuance of the final decision, the Commission or the administrative law judge may enter any order reasonably necessary or convenient to govern the conduct of the State and the parties so that the purposes of the commercial nondiscrimination policy are achieved.

D. Costs.

(1) Notwithstanding any contrary provision contained in these regulations or State Finance and Procurement Article, §§ 19-101 -19-120, Annotated Code of Maryland, each party shall bear the costs of its own legal representation and expert witness fees.

(2) If the administrative law judge finds that one or more allegations giving rise to the Commission's findings or the respondent's challenge to the findings were knowingly false or frivolous when made, the administrative law judge may require the party who made the knowingly false or frivolous allegations to bear all or a portion of the other party's legal fees and expert witness fees.

E. Applicable Provisions. To the extent that procedures and standards stated in this regulation differ from those contained in Title 10, Subtitle 2 of the State Government Article, these regulations shall govern, but in all other respects, the provisions in the State Government Article shall govern.

Md. Code Regs. 14.03.05.15

Regulation .15C amended effective April 18, 2011 (38:8 Md. R. 507)