Md. Code Regs. 09.01.03.08

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

Section 09.01.03.08 - Proposed Decisions and Orders

A. Upon completion of the hearing, the ALJ shall submit a proposed decision to the administrative unit.

B. The Office of Administrative Hearings may not distribute the proposed decision to the parties or to the public unless the delegation of authority specifically provides for that distribution.

C. The proposed decision shall comply with the requirements of the Administrative Procedure Act and COMAR 28.02.01.22, and shall include:

(1) Written findings of fact;

(2) Proposed conclusions of law; and

(3) A recommended order.

D. Within 60 days of receipt of the ALJ's proposed decision, an administrative unit shall:

(1) Review the ALJ's proposed decision;

(2) Issue a proposed order, which may include the ALJ's proposed decision with or without modifications; and

(3) Send to the parties the proposed order and a copy of the ALJ's proposed decision in the manner set forth in §G of this regulation.

E. An administrative unit may extend the 60-day period specified in §C of this regulation by a written notice to all parties.

F. If the proposed order changes, modifies, or amends the ALJ's proposed decision, the proposed order shall set forth an explanation of the reasons for the changes, modifications, or amendments.

G. A proposed order shall be mailed to the parties, or to their attorneys, by first-class mail within 3 business days from the date of the issuance of the order.

H. The proposed order or an accompanying letter shall notify the parties that they may file written exceptions with, and present arguments to, the administrative unit.

I. If no party files timely exceptions, the proposed order of the administrative unit shall become the final order.

Md. Code Regs. 09.01.03.08

Regulation .08, Hearing Officer Regulations, repealed and new .08, Hearings Delegated to the Office of Administrative Hearings, adopted effective December 12, 2002 (29:24 Md. R. 1918)