Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 01 - OFFICE OF THE SECRETARY
Chapter 09.01.03 - Hearings Delegated to the Office of Administrative Hearings
Section 09.01.03.09 - Exceptions to the Proposed Order
Current through Register Vol. 51, No. 6, March 22, 2024
A. Filing Exceptions.
B. The exceptions may include a request that the proposed order be modified or reversed, or that the case be remanded for the taking of additional testimony.
C. Upon receipt of exceptions to the proposed order, the administrative unit shall:
D. By written request to the administrative unit, a party may waive the right to a hearing on the written exceptions.
E. Unless a specific statute or regulation permits the hearing to be held before a panel of members of the unit, a quorum of the administrative unit shall be present at the hearing.
F. At the hearing on exceptions, the presiding officer shall rule on all procedural issues governed by this regulation, and may impose reasonable time limitations.
G. The record before an administrative unit on exceptions shall consist of:
H. A party wishing to have the transcript made part of the record, shall at its own expense order the transcript and file three copies of it with the administrative unit at least 10 days before the scheduled date for the hearing on exceptions. If a transcript has already been prepared, the administrative unit shall make the transcript part of the record in the case.
I. If the transcript has not been filed or otherwise made part of the record in the case, the parties at the hearing on exceptions may not refer to any testimony before the ALJ which was not incorporated into the ALJ's findings of fact or conclusions of law.
J. If all parties agree, a stipulation of facts based on the record before the ALJ may be submitted instead of a transcript.
K. Additional evidence may not be introduced unless the party seeking to introduce it demonstrates to the satisfaction of the administrative unit that the new evidence:
L. A party wishing to introduce additional evidence before an administrative unit at a hearing on exceptions shall file a written request at least 15 days before the scheduled date of the hearing.