Md. Code Regs. 28.02.01.25

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

Section 28.02.01.25 - Final or Proposed Decisions; Other Dispositions

A. An ALJ shall issue a final decision or proposed decision in accordance with the pertinent law and any relevant delegation.

B. Unless otherwise provided by law, an ALJ may dispose of a contested case by:

(1) Decision on the merits;

(2) Stipulation;

(3) Settlement;

(4) Consent order;

(5) Default;

(6) Withdrawal;

(7) Summary disposition; or

(8) Dismissal.

C. Proposed Decisions. Except as otherwise provided by law or agency delegation, if an ALJ is not the final decision maker:

(1) The ALJ shall submit a proposed decision to the final decision maker with a copy to each party; and

(2) An adversely affected party may file exceptions to the proposed decision with the final decision maker in accordance with State Government Article, §§ 10-216 and 10-220, Annotated Code of Maryland, and the final decision maker's regulations.

D. Final Decisions. Except as otherwise provided by law, when an ALJ is the final decision maker, the ALJ's decision is the final agency decision for purposes of judicial review.

Md. Code Regs. 28.02.01.25

Regulations .25 adopted effective January 8, 2001 (27:26 Md. R. 2360)
Regulations .25 adopted effective March 22, 2010 (37:6 Md. R. 480); amended effective 46:26 Md. R. 1168, eff. 1/10/2020