Md. Code Regs. 08.01.04.08

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

Section 08.01.04.08 - Final Decision

A. A final decision in a contested case shall contain:

(1) Findings of fact;

(2) Conclusions of law;

(3) An order; and

(4) A statement of the right to seek judicial review.

B. If the Office of Administrative Hearings has issued a proposed decision or order and no exceptions are filed within 15 calendar days after a proposed decision or order is submitted to the parties, the Secretary may proceed to make the final decision.

C. If a party files exceptions, the Secretary shall:

(1) Consider each part of the record that the parties cite in their exceptions, replies to exceptions, and oral arguments before making a final decision; and

(2) Except as otherwise provided by law or by agreement of the parties, make the final decision within 30 days after the exceptions are filed or the argument is presented, whichever is later.

D. The Department shall mail or deliver the final decision to all parties.

Md. Code Regs. 08.01.04.08

Regulations .08 adopted effective April 5, 2010 (37:7 Md. R. 569)