Code of Maryland Regulations
Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
Subtitle 11 - OFFICE OF THE SECRETARY
Chapter 12.11.04 - General Hearing Regulations
Section 12.11.04.09 - Decisions and Orders
Universal Citation: MD Code Reg 12.11.04.09
Current through Register Vol. 51, No. 19, September 20, 2024
A. The presiding officer shall use a preponderance of evidence as the standard of proof, unless the standard of clear and convincing evidence is required by regulation or statute.
B. The presiding officer shall:
(1) Prepare the final decision in writing or state it in the record;
(2) If the final decision is in writing, forward a copy to each party or to the party's attorney;
(3) Include findings of fact and conclusions of law, separately stated; and
(4) Include procedures and time limits for filing exceptions.
C. If the final decision maker in a contested case does not personally preside over the original hearing, the final decision for a contested case shall be made under State Government Article, § 10-216, Annotated Code of Maryland.
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