Md. Code Regs. 16.02.01.04

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

Section 16.02.01.04 - Revocation of Delegation

A. Criteria. The Secretary may revoke all or part of a delegation previously made to the OAH if the Secretary believes that the case might:

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

(2) Have significant social or fiscal consequences;

(3) Involve policy issues of general applicability; or

(4) Be likely to have precedential value.

B. Timing. The revocation may be made at any time before the earlier of:

(1) The issuance of a ruling on a substantive issue; or

(2) The taking of oral testimony from the first witness.

C. Notice.

(1) The Secretary shall provide written notice of a revocation to all parties and the OAH.

(2) The written notice shall:

(a) Contain a brief statement of the reason for the revocation;

(b) Specify whether all or part of the delegation to hear the case is revoked; and

(c) If less than all of the delegation is revoked, specify the parts of the contested case for which the delegation has been revoked.

D. Decision; Record.

(1) The Secretary's subsequent decision in the case shall reflect the fact that delegation to the OAH was revoked.

(2) A copy of the revocation notice shall be made a part of the record.

Md. Code Regs. 16.02.01.04