Md. Code Regs. 21.08.04.03

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

Section 21.08.04.03 - Decisions

A. The administrative law judge shall issue a proposed decision containing findings of fact and conclusions of law within 90 days after the hearing.

B. The administrative law judge shall send the proposed decision, by certified mail, to the Attorney General and the persons subject to debarment and shall notify these parties that oral argument may be requested before the Board by any party adversely affected by the proposed decision.

C. Within 15 days after receipt of the proposed decision, a party adversely affected by the proposed decision may file written exceptions to the proposed decision and may request oral argument before the Board as follows:

(1) A party that files written exceptions to the proposed decision or requests oral argument before the Board shall include in the exceptions or request precise references to those sections of the record that the party wishes the Board to review.

(2) References to the record, other than any transcript of testimony, shall be indicated as "R . . . ", and references to any transcript of testimony as contained in the record shall be indicated as "T . . . ".

(3) If a party fails to provide the references specified in §C(2) of this regulation, the Board may dismiss any request for oral argument and may base its review of the proposed decision on whatever portion of the record it considers appropriate.

D. If oral argument is not requested, the Board shall issue its final decision within a reasonable time.

E. If oral argument is requested, the Board shall notify the parties of the date, time, and place for the argument, which shall be held within a reasonable time of the receipt of a request for the oral argument.

F. The Board shall issue a final decision, copies of which shall be mailed to all parties, by certified mail, within a reasonable time after the oral argument.

G. In its final decision, the Board shall notify the person that the person is:

(1) Debarred, specifying:

(a) The reasons for debarment,

(b) The nature of the debarment sanctions applied, and

(c) The period of debarment; or

(2) Not debarred and that any suspension has been terminated as of the date of the Board's decision.

H. All final decisions issued by the Board shall include findings of fact and conclusions of law in accordance with State Government Article, § 10-221, Annotated Code of Maryland, which may incorporate by reference or be adopted from the proposed decision of the administrative law judge.

Md. Code Regs. 21.08.04.03

Regulations .03 adopted as an emergency provision effective July 28, 1982 (9:17 Md. R. 1701); emergency status extended at 9:20 Md. R. 1980; adopted permanently effective October 25, 1982 (9:21 Md. R. 2107)
Regulations .03, Proceedings, adopted effective August 2, 1993 (20:15 Md. R. 1221)
Regulation .03H amended effective April 7, 2008 (35:7 Md. R. 751)