Md. Code Regs. 23.01.03.08

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

Section 23.01.03.08 - Decisions

A. If the Board personally hears the evidence at the hearing, the Board shall issue a final decision within a reasonable time.

B. Proposed Decision.

(1) If the Board does not personally hear the evidence at the hearing, the administrative law judge shall issue a proposed decision within 90 days of the hearing according to the provisions of State Government Article, § 10-220, Annotated Code of Maryland, and a final decision may not be issued until the requirements of this section have been met.

(2) The administrative law judge shall send the proposed decision, including the findings of fact and conclusions of law on which it is based, to all parties immediately after its issuance.

(3) The administrative law judge shall notify the parties that 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 request the opportunity to present argument to the Board. Any party filing written exceptions or requesting argument shall include in the exceptions or the request precise references to those sections of the record which the party wishes the Board to review. References to the record other than any transcript of testimony shall be indicated as R . . ., and references to the transcript of testimony as contained in the record shall be indicated as T . . .. If a party fails to provide these specific references, the Board may dismiss any request to present argument and may base its review of the proposed decision on whatever portion of the record it deems appropriate.

(4) If an opportunity to present argument is not requested, the Board shall issue a final decision within a reasonable time.

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

(6) The Board shall issue a final decision within a reasonable time of presentation of argument. Copies of the decision shall be mailed to all parties, return receipt requested.

C. 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.

Md. Code Regs. 23.01.03.08

Regulation .08A and B amended effective August 2, 1993 (20:15 Md. R. 1222)