Code of Maryland Regulations
Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS
Subtitle 04 - REVIEW OF DECISIONS AND ACTIONS OF HEALTH OCCUPATIONS BOARD AND COMMISSIONS
Chapter 28.04.01 - Referrals, under a new subtitle, Subtitle 04 Review of Decisions and Actions of Health Occupations Boards and Commissions
Section 28.04.01.08 - Standards and Guidelines for Review

Universal Citation: MD Code Reg 28.04.01.08

Current through Register Vol. 51, No. 19, September 20, 2024

A. A board or commission may not issue a final decision or take an action on a matter referred under this chapter until the Office has completed the review required by Health Occupations Article, § 1-203, Annotated Code of Maryland.

B. The Office shall conduct a de novo review of the record and issue a written decision on the decision or action that is the subject of the referral within 30 days of the filing of the record or the filing of any required supplemental materials as required by an order of the administrative law judge, whichever is later.

C. The written decision shall contain:

(1) A summary of the materials considered;

(2) A summary of the facts relevant to the decision;

(3) A review of the substance of the decision or action;

(4) An analysis of whether the decision or action is unreasonably anticompetitive;

(5) An analysis of whether the decision or action furthers a clearly articulated State policy; and

(6) An order approving, modifying or disapproving the decision or action.

D. Implementation of the final decision or action of the board or commission shall comply with the written decision of the Office.

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