Md. Code Regs. 12.14.06.11

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

Section 12.14.06.11 - Decisions and Orders

A. The final decision shall be stated in the record by the presiding officer, and shall be issued in writing after that and promptly forwarded to each party or to the party's attorney.

B. The final decision shall include findings of fact and conclusions of law, separately stated.

C. If the Secretary of Public Safety and Correctional Services is to render the final decision in a case pursuant to the Secretary's authority under Correctional Services Article, § 2-113, Annotated Code of Maryland, or if a majority of the Commission members who are to render the final decision have not heard the evidence, the following procedure shall be followed:

(1) The Commission members who heard the evidence shall prepare a proposal for decision, including findings of facts and conclusions of law, which shall be forwarded to each party or the party's attorney.

(2) Each party adversely affected by the proposal for decision may file exceptions and, upon request, present argument to a majority of the officials who are to render the final decision. Exceptions, and requests for argument on the exceptions, shall be filed within 15 days of the date of the Proposal for Decision. Exceptions, and requests for argument filed after that, may not be considered.

(3) A majority of the officials who are to render the final decision shall consider exceptions, argument, if any, and the whole record or such portions of the record as are cited by the parties, before rendering a final decision.

(4) The final decision shall be immediately forwarded to each party or the party's attorney.

Md. Code Regs. 12.14.06.11