Md. Code Regs. 30.02.06.03

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

Section 30.02.06.03 - Delegation of Hearing Authority

A. The EMS Board may delegate authority to conduct a hearing to the Office of Administrative Hearings in accordance with State Government Article, § 10-205(a), Annotated Code of Maryland.

B. Scope of Delegation. The EMS Board may delegate authority to the Office of Administrative Hearings to issue proposed findings of fact, proposed conclusions of law, or a proposed disposition.

C. Authority to Revoke Delegation. The EMS Board may revoke all or part of a delegation of authority to hear a contested case.

D. Criteria for Revocation. The EMS Board may revoke all or part of a delegation to the Office of Administrative Hearings if the case may:

(1) Involve novel or unanticipated factual or legal issues;

(2) Have significant social or fiscal consequences;

(3) Involve policy issues of general applicability; or

(4) Be likely to have precedential value.

E. Procedures for Revocation.

(1) The EMS Board shall provide written notice of a revocation of hearing authority to all parties and the Office of Administrative Hearings. The written notice shall contain a brief statement of the reason for the revocation.

(2) Delegation of authority to hear a contested case may be revoked at any time before the earlier occurrence of the following:

(a) The issuance of a ruling by the administrative law judge on a substantive issue; or

(b) The taking of oral testimony from the first witness.

(3) The EMS Board shall specify whether all or part of the delegation to hear a contested case has been revoked.

(4) If only part of the delegation has been revoked, the EMS Board shall specify in the written notice of revocation the portions of the contested case for which delegation is revoked.

(5) A decision issued by the EMS Board shall reflect the fact that delegation to the Office of Administrative Hearings was revoked and a copy of the revocation notice shall be included as part of the record.

F. Procedures upon Revocation. If the EMS Board revokes the delegation to hear a contested case, the hearing shall be conducted by the EMS Board in accordance with this chapter within 90 days of the issuance of the revocation.

Md. Code Regs. 30.02.06.03