Md. Code Regs. 28.01.03.06

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

Section 28.01.03.06 - Hearing by Designee; Proposed Decision

A. The Chief ALJ may designate an individual who is not an employee of the Office and who meets the qualifications established under State Government Article, § 9-1604(a)(2), Annotated Code of Maryland, to conduct a hearing on the appeal of charges.

B. When the Chief ALJ designates an individual to conduct the hearing on an appeal of charges:

(1) The Administrative Procedure Act, State Government Article, § 10-212, Annotated Code of Maryland, shall apply; and

(2) The designated individual shall issue a proposed decision in accordance with State Government Article, §§ 10-216(a) and 10-220(d), Annotated Code of Maryland.

C. The proposed decision shall be in writing and:

(1) Be issued within 30 days of the close of the record;

(2) Be sent by certified mail to:

(a) The ALJ who filed the appeal;

(b) The Chief ALJ; and

(c) The parties' counsel of record; and

(3) Include:

(a) Findings of fact and conclusions of law; and

(b) Notice in accordance with State Government Article, § 10-216(a), Annotated Code of Maryland, that:

(i) Written exceptions may be filed with the Office within 15 days after the proposed decision is mailed; and

(ii) Oral argument may be requested in writing at the time that exceptions are filed.

Md. Code Regs. 28.01.03.06

Regulation .06 adopted effective 46:26 Md. R. 1168, eff. 1/10/2020