Md. Code Regs. 28.04.01.05

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

Section 28.04.01.05 - Record

A. A board or commission shall transmit to the Office the materials necessary for a complete and substantive review of the decision or action that is the subject of the referral.

B. The record shall include a:

(1) Summary of the rationale of the board or commission for the decision or action that is the subject of the referral;

(2) Citation to the relevant statutes or other legal authority supporting the decision or action;

(3) Summary of the facts supporting the decision or action;

(4) Statement of the basis for the referral; and

(5) Description of the clearly articulated State policy to displace competition in the regulated market relied upon by the board or commission in making the decision or taking the action.

C. The record shall include all materials reviewed by the board or commission related to the decision or action that is the subject of the referral and an index.

D. The board or commission shall indicate if any of the materials are confidential or privileged.

E. The Office shall initiate review of the decision or action when the referral and record are filed.

F. Within 30 days of the filing of the referral and record, an administrative law judge shall determine whether the record transmitted is sufficient for review of the decision or action.

G. Supplementing the Record.

(1) Upon determining that the record is insufficient for review of the decision or action, the Administrative Law Judge shall issue an order, requiring the board or commission to supplement the record.

(2) An order to supplement the record shall set forth a timeline for transmittal of additional materials and for filing an objection to the order.

(3) Upon receipt of the order to supplement the record, the board or commission shall:

(a) Submit the additional materials to the Office in accordance with the timeline set forth in the order:

(b) File an objection to the order with the Office in accordance with the timeline set forth in the order; or

(c) Rescind the referral to the Office in writing on a document that includes the statement that the board or commission may not implement the decision or take the action that had been referred to the Office.

Md. Code Regs. 28.04.01.05

Regulation .05 adopted effective 45:7 Md. R. 347, eff. 4/9/2018