Md. Code Regs. 32.01.01.11

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

Section 32.01.01.11 - Decision and Order

A. Generally. Each case shall be decided on the basis of credible evidence, exclusively on the record, and according to the applicable burdens of proof.

B. Cases Tried Before a Hearing Officer.

(1) As soon as practicable after the conclusion of the hearing and, if required, the filing of posthearing submissions, the hearing officer shall submit to the parties and the Secretary a written report consisting of proposed findings of fact, proposed conclusions of law, and a recommended decision or remedy.

(2) Each party shall have 20 days from the date of receipt of the hearing officer's report in which to file written exceptions with the Secretary. Copies of exceptions shall be served by first-class mail or hand-delivered on all other parties, who shall then have 10 days from the date of receipt to file, and serve on all parties in the manner specified in the preceding sentence, written comments on the exceptions. These time limitations may not be extended except with the approval of the Secretary.

(3) If a party files exceptions, the Secretary shall set a time for the presentation of oral argument by a party that wishes to be heard. The Secretary shall notify all parties of the date, time, and place of oral argument. At the Secretary's discretion, the Secretary may limit the time given to each party to present oral argument.

(4) After hearing oral argument and considering the record as appropriate, the Secretary shall:

(a) Adopt the hearing officer's report as the final decision of the agency;

(b) Modify the hearing officer's proposed findings of fact, proposed conclusions of law, or proposed decision or remedy, in whole or in part, and then adopt the report with modifications as the final decision of the agency; or

(c) Remand the matter to the hearing officer for further proceedings.

(5) The decision of the Secretary shall be communicated in writing to all parties. The Secretary's decision shall include a specific ruling on each exception. It shall also include a short and plain statement of the available procedures and time limitations for seeking judicial review. Unless the matter is remanded for further proceedings, the date of the written decision shall be the date of the final decision of the agency.

(6) The Secretary may not entertain motions for reconsideration or applications for stay pending judicial appeal.

C. Cases Tried Before the Secretary. If the Secretary elects not to appoint a hearing officer, then as soon as practicable after the conclusion of the hearing and, if required, the filing of posthearing submission, the Secretary shall render in writing a final decision. The final decision shall contain findings of fact, conclusions of law, and the decision or remedy. Copies of the final decision shall be mailed to all parties. The final decision shall include a short and plain statement of the available procedures and time limitations for seeking judicial review. The Secretary may not entertain motions for reconsideration or applications for stay pending judicial appeal.

Md. Code Regs. 32.01.01.11

Regulations .11 adopted effective October 31, 1988 (15:22 Md. R. 2558)