Code of Maryland Regulations
Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS
Subtitle 01 - ADMINISTRATION
Chapter 28.01.03 - Administrative Law Judge Discipline and Reassignment of Duties
Section 28.01.03.06 - Hearing by Designee; Proposed Decision
Universal Citation: MD Code Reg 28.01.03.06
Current through Register Vol. 51, No. 19, September 20, 2024
A. The Chief ALJ may designate an individual who is not an employee of the Office and who meets the qualifications established under State Government Article, § 9-1604(a)(2), Annotated Code of Maryland, to conduct a hearing on the appeal of charges.
B. When the Chief ALJ designates an individual to conduct the hearing on an appeal of charges:
(1) The Administrative Procedure Act, State Government Article, §
10-212, Annotated Code of Maryland, shall apply; and
(2) The designated individual shall issue a proposed decision in accordance with State Government Article, §§
10-216(a) and 10-220(d), Annotated Code of Maryland.
C. The proposed decision shall be in writing and:
(1) Be issued within 30 days of the close of the record;
(2) Be sent by certified mail to:
(a) The ALJ who filed the appeal;
(b) The Chief ALJ; and
(c) The parties' counsel of record; and
(3) Include:
(a) Findings of fact and conclusions of law; and
(b) Notice in accordance with State Government Article, §
10-216(a), Annotated Code of Maryland, that:
(i) Written exceptions may be filed with the Office within 15 days after the proposed decision is mailed; and
(ii) Oral argument may be requested in writing at the time that exceptions are filed.
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