Md. Code Regs. 26.01.02.35

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.01.02.35 - Exceptions; Requests for Oral Argument

A. In any case in which the hearing examiner is not the final decision maker, the decision may not be made final until a proposed decision has been served on the parties and an opportunity has been afforded to any party adversely affected, including the Department, to file exceptions and present written argument to the final decision maker.

B. Failure to file exceptions constitutes a failure to exhaust administrative remedies and bars future appeal rights, unless the final decision differs significantly from the proposed decision.

C. Exceptions shall be filed with the Office of Hearings within 21 days after the hearing examiner's proposed decision is received. Receipt is presumed to occur 3 days after mailing.

D. Exceptions shall be in writing and contain a concise statement as to each portion of the hearing examiner's determination to which exception is taken and the asserted basis for taking the exception.

E. A copy of the exceptions shall be served on all parties to the proceedings. All parties shall be afforded the opportunity to present written argument to the final decision maker.

F. The final decision maker may hear oral argument and, if it is requested, shall hear oral argument. The time for argument may be limited at the discretion of the final decision maker.

G. The final decision maker shall consider the exceptions filed before rendering the final Department decision.

H. A party which intends to refer to any evidence produced at the hearing before the hearing examiner shall notify the final decision maker of the specific evidence in its request for exceptions. That party is responsible for filing with the final decision maker a copy of the transcript of the hearing, or relevant portions of it, at least 5 days before the scheduled exception hearing, if such a hearing is to be held.

I. If all parties are in agreement, a stipulation of facts may be submitted instead of a transcript.

J. Additional evidence may not be introduced, nor may testimony of witnesses be heard by the final decision maker. All exceptions hearings or reviews shall be conducted on the basis of the record compiled before the hearing examiner.

K. The final decision maker shall issue the final decision including an order if appropriate as soon as practical after the conclusion of the exceptions hearing. Copies of the final decision shall be delivered or mailed promptly to all parties or to their attorneys.

Md. Code Regs. 26.01.02.35

Regulations .35 adopted effective October 16, 1989 (16:20 Md. R. 2183)