Md. Code Regs. 21.10.06.26

Current through Register Vol. 51, No. 21, October 18, 2024

Section 21.10.06.26 - Proposed Decisions

A. When Required. In those appeals (except those submitted pursuant to Regulations .11 and .12 of this chapter) where a majority of the Appeals Board members who are to render a decision have not heard the evidence adduced at hearing, the decision of the Appeals Board, if adverse to the appellant, may not be issued until a proposed decision, including findings of fact and conclusions of law, has been served upon the parties. Within 30 days from receipt of this proposed decision, either party may file written exceptions and request oral argument before a majority of the Appeals Board members who are to render the decision. A copy of the exceptions or request for oral argument, or both, shall be served on opposing counsel who shall have 15 days from receipt to respond.

B. Form of Written Exceptions to Proposed Decision. Written exceptions shall specifically set forth the proposed finding of fact or conclusion of law being excepted to and those portions of the record or applicable law, or both, which are contrary to the proposed finding or conclusion of law specified.

C. Receipt of Further Evidence. Except as the Appeals Board may otherwise order, no proof may be received in evidence in support of any exception taken to the proposed decision.

D. Provision for Oral Argument. Requests by either party to appear and offer oral argument to a majority of the Appeals Board members who will issue the formal decision will be granted as a matter of right, provided that a written request is filed within 30 days from the date of receipt of the proposed decision. The parties thereafter shall be given notice of the time and place set for the argument.

Md. Code Regs. 21.10.06.26

Regulations .26 repealed effective October 10, 1983 (10:20 Md. R. 1791)