Md. Code Regs. 13B.04.01.29

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

Section 13B.04.01.29 - Final Decision

A. After hearing oral argument and considering the record, the Secretary or the Commission by majority vote of those present, as appropriate, shall:

(1) Adopt the proposed decision as the final decision of the agency;

(2) Modify the proposed findings of fact, proposed conclusions of law, or proposed order, in whole or in part, and then adopt the modified proposed decision as the final decision of the agency;

(3) Reverse the proposed decision and issue its own findings of fact, conclusions of law, or order; or

(4) Remand the matter for further proceedings.

B. If exceptions have not been filed and, after reviewing a proposed decision, the Secretary or the Commission, as appropriate, concludes that the Secretary or the Commission is unable to approve the decision as written, the Secretary or the Commission, as appropriate, may:

(1) Notify all parties and invite arguments from the affected parties on the issues the Secretary or the Commission is reconsidering; and

(2) Hold a hearing within 90 days of issuance of the notice.

C. If no exceptions are filed or no hearing is held, the Secretary or the Commission, as appropriate, may adopt the proposed decision without change as the final decision of the agency.

D. The decision of the Secretary or the Commission, as appropriate, is the final decision of the agency for purposes of judicial review and, 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.

E. A final decision shall:

(1) Be in writing and served on all parties; and

(2) Contain:

(a) Findings of fact and conclusions of law, separately stated;

(b) An order; and

(c) A statement of the available procedures and time limitations for judicial review.

F. In the event of fraud, mistake, or irregularity, a final decision may be corrected at any time.

G. The Secretary or the Commission, as appropriate, may not entertain motions for reconsideration or applications for stay pending judicial appeal.

Md. Code Regs. 13B.04.01.29

Regulations .29 adopted effective March 23, 1998 (25:6 Md. R. 490)