Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 1
Subtitle 01 - PROCEDURES
Chapter 10.01.02 - Procedures for Public Hearings
Section 10.01.02.08 - The Record
Universal Citation: MD Code Reg 10.01.02.08
Current through Register Vol. 51, No. 19, September 20, 2024
A. The hearing examiner controls the record.
B. The hearing examiner shall assemble a record that consists of all of the following:
(1) Exhibits and documents entered
into the record, such as:
(a) Proposed
regulations or applications for licenses, certificates, or permits,
(b) Documentation of public notification of
the hearing, and
(c) Relevant
supporting and opposing documentation obtained before, during, and subsequent
to the hearing;
(2) The
register of all persons who attended the hearing including their names,
addresses, and any affiliations relevant to the hearing;
(3) In accordance with Regulation .07 of this
chapter, any:
(a) Full or partial transcript
of the hearing made or purchased by the Department, and
(b) Tape recording or stenographic notes of
the hearing made by the Department;
(4) A hearing examiner's report consisting of
all of the following:
(a) A statement of the
purpose of the hearing including citations of applicable laws and
regulations,
(b) An account of the
methods of public notification of the hearing,
(c) An account of the attendance and conduct
of the hearing,
(d) A summary of
supporting and opposing arguments and analyses of those arguments in light of
relevant laws and regulations,
(e)
Relevant findings such as compliance with law or sufficiency of proposed
regulations, and
(f) Conclusions
and recommendations for a final decision; and
(5) The final decision of the decision-making
authority.
C. Maintenance of and public access to the record is governed by State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland, and by COMAR 10.01.08.
D. The Department shall maintain copies of the record as follows:
(1)
The Office of the Secretary shall maintain the original of the record;
and
(2) Except for the tape
recording or stenographic notes specified in §B(3)(b) of this regulation,
the office of the director of the unit concerned shall maintain a copy of the
record.
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