Md. Code Regs. 36.10.07.05

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

Section 36.10.07.05 - Hearings

A. Upon receipt of a timely, written hearing request submitted under Regulation .04F of this chapter, the Commission shall provide the applicant a notice for a hearing held under COMAR 36.01.02.06.

B. Hearings Before the Commission. For any hearing under this regulation and held before the Commission:

(1) The Commission shall:

(a) Grant the license after determining that the applicant is qualified; or

(b) Deny the license;

(2) If the Commission denies the license, the Commission shall prepare an order stating its findings of fact, conclusions of law, and reasons why the denial is appropriate; and

(3) The Commission shall provide the applicant with written notification of the Commission's final action on the license application.

C. Hearings Delegated to the Office of Administrative Hearings.

(1) For a hearing held under this regulation and delegated to the Office of Administrative Hearings for a final action on the license pursuant to COMAR 36.01.02.06O:

(a) The decision issued by Office of Administrative Hearings is the Commission's final action on the license application; and

(b) The Commission reserves the right to seek judicial review of the decision issued by Office of Administrative Hearings under Regulation .06 of this chapter.

(2) For any hearing delegated to the Office of Administrative Hearings for a recommended decision under COMAR 36.01.02.06O:

(a) The Director may designate a staff member to review the recommended decision who has not been previously designated to review the license application under Regulations .02-.04 of this chapter; and

(b) The Director or the Director's designee shall review the Administrative Law Judge's Recommended Decision consistent with the terms of the delegation made and:

(i) Provide the applicant and staff an opportunity to present exceptions under State Government Article, § 10-216, Annotated Code of Maryland; and

(ii) After reviewing any exceptions filed by the applicant and staff, issue an order under State Government Article, § 10-220, Annotated Code of Maryland, that constitutes the Commission's final action on the license application.

Md. Code Regs. 36.10.07.05

Amended effective 49:1 Md. R.16, eff. 1/13/2022