This chapter applies to contested case hearings relating to: All programs provided for in COMAR 07.02 Social Services Administration; All programs provided for in COMAR 07.03 Family Investment Administration; All programs provided for in COMAR 07.07 Child Support Administration; and Other programs specifically referring to this chapter. Construction. In hearings conducted by an administrative law judge of the Office of Administrative Hearings (OAH), this chapter shall, whenever possible, be construed as supplementing and in harmony with COMAR 28.02.01 Rules of Procedure of the OAH. In the event of a conflict between this chapter and COMAR 28.02.01, this chapter applies. In the event of a conflict between this chapter and program regulations, the program regulations apply. In this chapter, the following terms have the meanings indicated. Terms Defined. “Administrative law judge” means an administrative law judge of the Office of Administrative Hearings. Agency. “Agency” means the agency providing assistance or from which assistance has been requested. “Agency” includes: Local departments of social services; The Child Support Administration; and Any other agency administering or providing assistance under contract with the Department of Human Services or other agency pursuant to Title XX of the Social Security Act. “Appellant” means an applicant, recipient, or other individual who is: Authorized by regulation to request an appeal under this chapter; or The subject of an intentional program violation proceeding. “Applicant” means an individual for whom assistance has been requested, or the individual's authorized representative. “Assistance” means a benefit or service provided by any program to which this chapter applies. “Authorized representative” means: An individual, organization, or institution authorized to act on behalf of an individual who receives or has received assistance, or for whom assistance has been requested; or An individual, organization, or institution designated by an appellant to assist in an appeal under this chapter. “Hearing” means a contested case hearing as defined in State Government Article, §10-202(d), Annotated Code of Maryland. “Intentional program violation” means an intentional program violation under COMAR 07.03.10. “Office of Administrative Hearings (OAH)” means the unit within the Executive Branch established by State Government Article, §9-1602, Annotated Code of Maryland. “Party” means: The appellant; The agency; In a case concerning enforcement of a child support obligation, any individual to whom the appellant owes child support by order of a court; and Any other individual deemed by OAH to be a proper party. “Recipient” means an individual who receives or has received assistance, or that individual's authorized representative. “Record review” means a review of relevant agency records and of any evidence submitted by a party. “Secretary” means the Secretary of Human Services or a designee of the Secretary. “Secretary's delegation” means the Secretary's delegation of hearing authority made pursuant to State Government Article, §10-205, Annotated Code of Maryland, and Regulation .21 of this chapter. Appeal by Applicant. An applicant may request a hearing when the agency: Denies in full or in part an application for assistance; Denies in full or in part an application for licensing, approval, or registration; Fails to act with reasonable promptness on an application for, or a request for adjustment of, assistance; or Gives notice of its intention to take any of the actions listed in §A(1)—(3) of this regulation. Appeal by Recipient. A recipient may request a hearing when the agency: Suspends, reduces, or terminates assistance; Makes a decision affecting a plan of service to a recipient; Makes a decision affecting a recipient's licensing, approval, or registration; Makes a decision affecting the method of providing assistance; Refers a recipient to a work program; Takes a position regarding the disposition of the conciliation process as set forth in COMAR 07.03.03.15; Imposes sanctions on a recipient; Recovers an overpayment or over issuance in assistance; or Gives notice of its intention to take any of the actions listed in §B(1)—(8) of this regulation. Child Support Enforcement Appeals. An individual may request a hearing or a record review when the agency: Has caused the interception or offset of all or part of the individual’s State tax refund, abandoned property, or any payment due to the obligor from the Comptroller of the Treasury, or lottery prize as a result of an arrearage in child support; Has caused the interception or offset of all or part of the individual's federal tax refund or federal payment authorized under 31 U.S.C. §3716 as a result of a child support arrearage reported to the federal Office of Child Support Enforcement; Has caused the denial or revocation of the individual's passport as a result of a child support arrearage reported to the federal Office of Child Support Enforcement; Has decided to disclose information regarding the individual's court-ordered child support obligation to: The Motor Vehicle Administration; A consumer reporting agency; or A business, occupation, or professional licensing authority; or Has denied the individual participation in the payment incentive program; or Has conducted an investigation pursuant to COMAR 07.07.12, 07.07.15, 07.07.16, 07.07.19, 07.07.20, or 07.07.21, and the individual disagrees with the results of that investigation. Notice. At the time of application, and at any time an individual expresses to the agency disagreement with an agency action or intended action, the agency shall notify the individual in writing of: The right to request an appeal; The method by which an appeal may be requested; Any applicable fees; The right to be represented in an appeal by a lawyer, relative, friend, or other individual; and The availability of any free legal services. Adverse Action Notice. The agency shall send written notice of any adverse action in writing, and, in addition to the information specified in §D of this regulation, the notice shall include the: Decision; Basis for the decision; and Specific regulation supporting the decision. Time to Appeal — General. Except as provided in §§H and I of this regulation, the request for a hearing or record review is effective if the agency receives the request: Within 90 calendar days of the agency mailing or delivering timely and adequate notice, whichever is earlier; Within 90 calendar days of the agency action if the agency failed to give timely and adequate notice; Within 90 calendar days of any date by which the agency was required to act on an application or to make an adjustment in assistance and failed or refused to act; or With regard to a dispute as to the current level of food stamps, at any time within the current food stamp certification period. Time to Appeal — Child Support Enforcement. With regard to child support enforcement appeals, the request is effective if OAH receives it within: 15 calendar days: Of the State Lottery Agency's notice of action or intended action pursuant to COMAR 07.07.10; or After the appellant receives the written results of an investigation issued by the Administration pursuant to COMAR 07.07.20; 20 calendar days of the Child Support Administration's notice of action or intended action pursuant to COMAR 07.07.15; or 30 calendar days: After the date of the notice denying the individual participation in the payment incentive program; After the date of the notice of the results of an investigation conducted by the Administration pursuant to COMAR 07.07.19 and 07.07.21; or Of notice of action or intended action in any other child support matter from: The Child Support Administration; The State Comptroller; Any licensing authority; The Internal Revenue Service of the United States; The United States Department of State; or The Financial Management Service of the United States Department of the Treasury. Time to Appeal — Office of Home Energy Programs (OHEP). With regard to OHEP appeals, the request is effective if OHEP or the Office of Administrative Hearings receives the request: Within 30 calendar days of the agency mailing or delivering timely and adequate notice, whichever is earlier; Within 30 calendar days of the agency action if the agency failed to give timely and adequate notice; or Within 30 calendar days of any date by which the agency was required to act on an application or to make an adjustment in assistance and failed or refused to act. An appeal request: Is made by expressing a desire to appeal; May be received by any social worker, caseworker, or manager, interviewer, or other employee of the agency whose assignment requires contact with the public; and Whether communicated formally or informally, shall be reported immediately to the agency's designated hearing coordinator. Except as provided in §§I and L of this regulation, the filing date of the appeal request is the date the agency received the request in writing. Oral Appeal Requests. Either the agency or the appellant shall reduce an oral appeal request to writing within 7 calendar days of the oral appeal request. The agency shall ask the appellant to reduce an oral request to writing and shall offer to assist the appellant. If the appellant refuses to do so, the agency shall reduce the request to writing. When the request is reduced to writing, the date of the oral request is considered to be the filing date of the request. Agency Assistance in the Appeal Request. The agency shall assist the appellant in completing an appropriate appeal request form to ensure that it contains all the information required to process the request. When it is unclear from the request what action is being appealed, the agency may ask the appellant to clarify the request. When necessary, the agency shall provide an interpreter to: Assist the appellant in filing an appeal request; and Assure that the hearing procedure is explained in a manner understood by the appellant. The procedures in this regulation do not apply to appeals concerning child support enforcement. OAH is responsible for processing child support appeal requests. The agency shall establish procedures to acknowledge receipt of and process all appeal requests in a timely manner. Within 5 business days of either the filing date of a written appeal request or the date that an oral request is reduced to writing, the agency shall: Forward the following information to OAH: Date of the request, Name and address of the appellant, Name and address of the agency representative, Action being appealed, Date of the action being appealed; and Date notice of the action was mailed to the appellant; and Acknowledge to the appellant receipt of the appeal request. Conference. When the agency acknowledges receipt of an appeal request, the agency shall promptly: Offer the appellant a conference; and Advise the appellant that the conference is optional and will not delay or replace the hearing. An agency supervisor shall attend the conference. The case manager responsible for the action may also attend. Although a conference may lead to an informal resolution of the dispute, a hearing shall be held unless the appellant withdraws the appeal request in writing. If an appellant requests a conference in an appeal concerning denial of a request for expedited food stamps, the agency shall hold the conference within 2 business days of the filing date of the request unless the appellant asks that it be delayed. Except as provided in §B of this regulation and COMAR 07.02.25, assistance shall be automatically continued or reinstated if the filing date of the appeal request is within 10 calendar days of the later of: The mailing of timely and adequate notice from the agency; The date of the agency's action if the agency failed to give timely notice; or The date by which the agency was required to act on an application or to make an adjustment in assistance, and the agency failed or refused to act. Assistance may not be continued or reinstated pending appeal if: An appellant specifically requests that assistance not be continued or reinstated pending appeal; The eligibility or certification period for the assistance has expired; Assistance has been reduced or terminated due to a change in federal or State law or regulation and the appeal does not appear to concern misapplication of the change; and Continuation or reinstatement of the service at issue would threaten the health or safety of other individuals. An appeal request form shall contain: An opportunity for the appellant to request that assistance not be continued or reinstated pending appeal; and A statement that the appellant is responsible for repaying any assistance paid during the appeal process if the agency's position is upheld. Once continued or reinstated, assistance may not be suspended, reduced, or terminated before the appellant and the agency receive a final administrative decision unless: The eligibility or certification period expires, in which case the appellant may reapply and be considered for eligibility for the new eligibility or certification period; The administrative law judge makes a preliminary written determination, after a hearing, that: Assistance has been reduced or terminated due to a change in State or federal law or regulation, and The appellant has no valid claim that the agency misapplied the change; An appellant fails to request an appeal after receiving a separate and unrelated notice that assistance will be suspended, reduced, or terminated; or The appellant receives a subsequent notice of adverse action while the appeal is pending that is based on a change in State or federal law or regulation, and the appellant has no valid claim that the agency misapplied the change. The agency shall promptly inform the appellant in writing when assistance is suspended, reduced, or terminated while the appeal is pending. OAH may deny or dismiss an appeal if: The appeal request is not effective pursuant to Regulation .03 of this chapter; The appellant withdraws the request in writing; As provided in Regulation .11 of this chapter, the appellant fails to appear at the scheduled hearing; Assistance has been reduced or terminated due to a change in federal or State law or regulation and the appeal does not concern misapplication of the change; or The appellant has failed to pay any filing fees required by OAH. Except as provided in §§B and D of this regulation, upon receiving an appeal request, OAH shall: Promptly schedule a hearing; and Send the parties a hearing notice at least 15 calendar days before the scheduled hearing. Intentional Program Violation Appeal. When the agency makes a referral to OAH concerning an intentional program violation, OAH shall: Promptly schedule a hearing; and Send the parties a hearing notice at least 30 calendar days before the scheduled hearing. Hearing Notice. The hearing notice shall: Summarize the hearing procedures; Advise the appellant of: The date, time, and place of the hearing, The right to be represented at the hearing by a lawyer, relative, friend, or other individual, The availability of any free legal services, The right to present documents and witnesses, including agency employees, at the hearing, The right to examine the agency's case record in preparation for the hearing, The procedure to follow if the appellant cannot attend the hearing, and Except in an appeal concerning an intentional program violation, the authority of an administrative law judge to dismiss the appeal if the appellant fails, without good cause, to attend the hearing; and In an appeal concerning an intentional program violation, include: The charge, A warning that the decision shall be based solely on information provided at the hearing if the appellant fails to appear at the hearing, A statement that, to have a hearing rescheduled, the appellant has 10 calendar days from the date of the hearing to present to the administrative law judge good cause for not appearing and for not asking for a postponement before the hearing, A description of the disqualification penalties and a statement of the applicable penalty, A statement of the appellant's rights during the hearing, and A warning that the hearing does not preclude the State or federal government from prosecuting the appellant or pursuing collection of the overpayment. Child Support Enforcement Record Review. Upon receipt of a request for a record review pursuant to COMAR 07.07, OAH shall send notice of: The date on which the record review will be conducted; The agency's obligation to submit the relevant collection record before the scheduled record review; The parties' right to submit additional evidence not later than 5 calendar days before the scheduled record review; and The appellant's right to examine the collection record in preparation for submitting additional evidence. Upon being advised by the appellant or an agency that an appellant plans to move from the State, OAH shall expedite the processing of the appeal so that a final administrative decision may be rendered before the move. OAH may schedule a group hearing when it receives multiple appeal requests concerning a change in State or federal law or regulation to the extent that each appellant has waived the right to confidentiality. Consolidated Appeals. OAH may consolidate appeals concerning a single appellant when the factual issues arise out of the same circumstances. OAH shall provide notice to the parties of the consolidation before the hearing. If one of the appeals concerns an intentional program violation, OAH shall follow the time frames applicable to intentional program violation appeals, unless those time frames are waived at the appellant's request. Rescheduling. A party may request a change in a hearing time, date, or location by: Submitting a written request, with copies served on all parties, to the OAH clerk's office at least 5 business days before a scheduled hearing; or In the case of an unforeseen event requiring postponement and occurring less than 5 business days before a scheduled hearing, calling the OAH clerk's office as soon as possible. Except as provided in §A(3) of this regulation, if OAH finds that good cause exists, OAH shall set another time or place for the hearing and notify the parties of the change. In an appeal concerning food stamps or an intentional program violation, the appellant is entitled to one postponement of the scheduled hearing of up to 30 calendar days without the need to demonstrate good cause. Any time limits applicable to the issuance of a final administrative decision are extended by the length of the delay caused by a postponement: Requested by the appellant; or Granted by the administrative law judge due to the appellant's introduction of new evidence pursuant to Regulation .10I of this chapter. Summaries. The agency shall: Prepare a summary of the facts pertinent to the case and of the basis for its action; and Send the summary and copies of all documents that it intends to present at the hearing to the appellant and to OAH at least 6 calendar days before the date of the hearing. If the agency fails to comply with the requirements of §B(1)(b) of this regulation, the administrative law judge may, at the appellant's request, grant a continuance as necessary to allow the appellant to review an agency summary and any proposed exhibits. The appellant may examine the agency's records relating to the appellant's case to prepare for the hearing, but the agency shall protect from disclosure information that the agency is required to keep confidential. Except as provided in this chapter, a party may not engage in prehearing discovery. Procedure. Unless otherwise provided by this chapter, a party may move for appropriate relief: Before a hearing or prehearing conference by submitting a written motion; or During a hearing or prehearing conference by making an oral motion. A written motion shall: Be filed not later than 10 calendar days before a scheduled hearing or prehearing conference; State concisely the question to be determined; Be accompanied by any necessary supporting documentation and argument; Be served on each party; and Include: A statement as to whether the party requests a prehearing telephone conference, and A telephone number where the party may be reached. Any answer to a written motion shall: Be filed on the earlier of: 5 calendar days after receipt of the motion, or The date of any hearing or prehearing conference; and Include a telephone number where the party may be reached. When requested, the administrative law judge shall attempt to hold a prehearing conference with the parties by telephone and rule on all written motions that may affect the conduct of the hearing. The administrative law judge shall rule on all motions: On the record during a hearing or prehearing conference; or In a written decision issued before or with the administrative law judge's proposed or final decision. Dispositive Motions. In ruling on a motion that disposes of the appeal or of a substantive issue in the appeal, the administrative law judge shall issue a proposed or final order in accordance with the Secretary's delegation. Motion to Dismiss. The administrative law judge may grant a motion to dismiss an appeal that is untimely or that otherwise fails to state a claim for which agency relief may be granted. Motion for Summary Decision. A party may move for summary decision on any substantive issue in the case. The administrative law judge may grant a motion for summary decision if the administrative law judge finds that: There is no genuine issue as to any material fact; and The moving party is entitled to prevail as a matter of law. A hearing conducted under this chapter is not open to the public. If the appellant waives the privilege of confidentiality, the administrative law judge may: Grant the appellant's request to allow a reasonable number of individuals to attend; Limit the number of individuals at the hearing; and Cause the removal of any individual whose conduct is detrimental to an orderly hearing. Witnesses. Upon request by a party, the administrative law judge shall exclude witnesses other than the parties and their representatives from the hearing room, except when testifying. The administrative law judge shall order the witnesses, parties and their representatives, and all others present not to disclose to any witness excluded under this section the nature, substance, or purpose of testimony, exhibits, or other evidence introduced in the witness' absence. An expert witness who is to render an opinion based on testimony given at the hearing may remain during that testimony. Interpreters. When necessary and upon adequate notice, the agency shall provide an interpreter to assist the appellant during the hearing. Upon the motion of a party, an administrative law judge may appoint an interpreter to assist the appellant during the hearing. An administrative law judge shall require any interpreter to take an oath or affirm on the record that the translation or interpretation will be accurate. Presentation of Evidence. The hearing shall be conducted in accordance with State Government Article, §10-213, Annotated Code of Maryland. Each party may: Present witnesses, affidavits, documentary evidence, and oral argument; Cross-examine any adverse witness; and Examine all documents introduced in the hearing. An administrative law judge may admit probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs and give effect to that evidence. Evidence may not be excluded solely on the basis that it is hearsay. In a hearing concerning an intentional program violation, the administrative law judge: Shall advise the individual or representative that the individual may refuse to answer questions during the hearing; and May not introduce into the hearing record or rely on the following in making a decision: Confidential information that is protected from release, or Other documents or records that the appellant is not able to contest or challenge. Telephone and Electronically Conducted Hearings. If a party does not object, an administrative law judge may conduct all or part of a hearing by telephone, video, or other electronic means. All substantive and procedural rights shall apply, subject only to the limitations of the physical arrangement. Unless waived by the parties, documentary evidence to be offered shall be sent to all parties and the administrative law judge at least 6 calendar days before the hearing. The following may be considered a failure to appear: Failure on two occasions not less than 15 minutes apart to: Answer the telephone, or Free the telephone for a hearing; or Any other failure to be ready to proceed with the hearing as scheduled. All hearings shall be recorded. The appellant may be represented by a lawyer, relative, friend, or other individual. The agency shall be represented by an individual designated by the agency. Newly Produced Evidence. If the appellant seeks to introduce evidence having a bearing on the issue to be decided that the appellant has not previously presented to the agency, the administrative law judge may, at the request of the agency, grant a continuance or postponement to allow the agency to review the newly produced evidence. Additional Medical Assessment. If the hearing involves medical issues, the administrative law judge may, if necessary, require and receive as part of the administrative record further medical assessment at the agency's expense. Group Hearing. In a group hearing, OAH shall: Follow the procedure applicable to an individual hearing; and Permit each individual appellant to be represented and to present a case. In General. Except as provided in §C of this regulation, if, after receiving proper notice, a party fails to attend or participate in a prehearing conference or hearing, an administrative law judge may: Proceed in that party's absence; or Issue an order advising the party that unless the party establishes in writing within 20 calendar days good cause for failing to appear, a proposed or final default order, in accordance with the Secretary's delegation, will be entered without further notice to the parties. If a party claims good cause for failure to appear, as provided in §A of this regulation: Within 2 business days of receiving the written claim of good cause, OAH shall forward a copy to all other parties, unless it appears on the face of the document that the other parties have already been served with a copy; and Within 10 calendar days of receiving the written claim of good cause, any other party may submit a written response. Intentional Program Violation Appeals. If the appellant fails to attend a hearing in an appeal concerning an intentional program violation, the administrative law judge: Shall determine whether proper notice of the hearing was sent and whether the appellant requested a postponement; Shall reschedule the hearing if proper notice was not sent, or the appellant made a proper request for a postponement; Shall conduct the hearing if proper notice was sent, and the appellant did not make a proper request for a postponement; May reopen the record and conduct another hearing if notified within 10 calendar days of the original hearing date that the appellant had good cause for not appearing and for not asking for a postponement before the hearing. When, by specific statute or regulation, the burden of going forward or the burden of persuasion rests upon a certain party, this regulation does not shift that burden. Except as provided in §A of this regulation: An applicant who has requested a hearing pursuant to Regulation .03A of this chapter bears the burden of: Going forward to establish a prima facie case of entitlement to the assistance, approval, license, or registration sought, and Persuasion that the agency decision was incorrect; When a recipient or other individual has requested a hearing or record review pursuant to Regulation .03B or C of this chapter, the agency bears the burden of: Going forward to establish that its decision was prima facie correct, and Persuasion that the agency decision was correct. A party with the burden of persuasion shall meet the burden with: Clear and convincing evidence on the issue of whether an intentional program violation occurred; and A preponderance of the evidence in all other instances. Except as provided by §§A—C of this regulation, the party asserting the affirmative of an issue has the burden of going forward and the burden of persuasion. Prohibited. Except in the presence of all parties, a party or a party's representative may not communicate regarding the merits of any issue in a case with: Anyone at OAH, including an administrative law judge; or The Secretary or anyone known to be representing the Secretary. Written Communication. A copy of all written communication to and between any party and OAH or the Secretary shall be sent to all parties in the case. Failure to send a copy as required may be grounds for a continuance or dismissal. A transcript need not be made unless requested by a party or the Secretary. Cost. OAH shall establish the cost of recordings or transcripts. Unless otherwise ordered, the party requesting the recording or transcript shall bear the cost. When a party files exceptions, the Secretary may order that some or all of the cost be borne by other parties. The administrative law judge shall render a proposed or final decision in accordance with the Secretary's delegation. The decision shall: Be based on the record; and Contain: Separate statements of findings of fact and conclusions of law; Citation to pertinent State and federal law; An order; and A statement of the appellant's rights: In the case of a final decision, to seek judicial review, and In the case of a proposed decision, to submit exceptions to the Secretary or seek judicial review. Except as provided in §B of this regulation, within 90 calendar days of the filing of the appeal request: The administrative law judge shall issue a final decision to all parties with a written statement of the right to seek judicial review; and The agency shall complete all administrative or corrective action necessary to implement the decision. In an appeal concerning food stamps, within 60 calendar days of the filing of the appeal request: The administrative law judge shall issue a final decision with a written statement of the right to seek judicial review; and The agency shall complete all administrative or corrective action necessary to implement the decision. If the decision is favorable to the agency, the agency may: Take immediate steps to implement the decision; and Reduce or terminate assistance that has been continued pending appeal effective with the next scheduled issuance after the agency's receipt of the decision or, in the case of assistance for which there is no scheduled issuance, immediately upon receipt. If the decision is favorable to the appellant, the agency shall, within 10 calendar days of the date of the decision: Comply with the decision; Take corrective action retroactive to the date the incorrect action was taken, except that food stamp benefits may not be restored for more than 12 months before the earlier of the date the agency: Receives the request for a restoration of benefits, or Discovers that the loss has occurred; and Immediately notify OAH that it has completed all required action. The agency's obligation to take corrective or administrative action when a final decision is favorable to the appellant does not prevent the agency from appealing an adverse decision of an administrative law judge and seeking any remedy available to it, including but not limited to obtaining a stay of the final order. The Record. After issuing a final administrative decision, OAH shall promptly forward to the agency the complete record, including all: Papers filed; Evidence submitted; and Orders and decisions issued. This record constitutes the exclusive record and shall be made available for review by a party for 2 years or until all litigation in the matter has ended, whichever is later. Consistent with confidentiality requirements, OAH shall prepare a periodic compilation of hearing decisions, which shall be accessible to the public. Within 60 calendar days of the filing of the appeal request, the administrative law judge shall issue a proposed decision with a written statement to the parties of the right to: Seek judicial review; and File exceptions with the Secretary and specifically request an opportunity to present oral argument. The administrative law judge shall transmit a copy of the proposed decision or the complete administrative record, including the proposed decision, to the Secretary within 5 business days of mailing the proposed decision to the parties. If no party has filed exceptions and, after reviewing the proposed decision, the Secretary is unable to approve that decision as written, the Secretary shall notify all parties and invite arguments on the issues the Secretary is reconsidering. A proposed decision becomes final when the time for filing exceptions has expired unless: The Secretary decides to review the proposed decision; or A party files exceptions pursuant to Regulation .18 of this chapter. Any party may file exceptions with the Secretary within 10 calendar days of receiving the administrative law judge's proposed decision. Receipt of the proposed decision is presumed to occur 3 business days after mailing. Exceptions shall: Be in writing; Contain: A concise statement as to each portion of the administrative law judge's determination to which exception is taken, and The asserted basis for taking the exception; and Be served on all parties to the proceedings and the Secretary. All parties shall be afforded the opportunity to submit written argument to the Secretary in support of, or in response to, exceptions. The Secretary may hear oral argument and may limit the time for argument. Argument from the Hearing Record. In any written or oral argument, a party shall identify specific evidence produced at the hearing before the administrative law judge supporting that party's position. A party wanting the Secretary to review some or all of the testimony presented at the hearing shall submit, at the party's expense, a copy of the relevant portions of tape or transcript with the party's written argument, not later than 5 calendar days before any scheduled oral argument. Additional and New Evidence. Additional evidence may only be admitted into the record during the exception process with the agreement of all parties. Absent agreement and upon a finding that the evidence is material and relevant, the Secretary may remand the case to the administrative law judge to: Accept the new evidence; and Prepare and submit a revised proposed decision. Within 90 calendar days of the filing of the appeal request: The Secretary shall issue a final decision; and The agency shall complete all administrative or corrective action necessary to implement the decision. The Secretary's final decision may: Adopt the proposed decision in whole or in part; Modify the proposed decision; Replace the proposed decision; or Remand the case to the administrative law judge to take additional evidence or prepare and submit a revised proposed decision. The Secretary's final decision shall: Include written notice of the appellant's right to judicial review; and Be binding on the agency. If the decision is favorable to the agency, the agency may: Take immediate steps to implement the decision; and Reduce or terminate assistance that has been continued pending appeal effective with the next scheduled issuance after the agency's receipt of the decision or, in the case of assistance for which there is no scheduled issuance, immediately upon receipt. If the decision is favorable to the appellant, the agency shall, within 10 calendar days of the date of the decision: Comply with the decision; Take corrective action retroactive to the date the incorrect action was taken, except that food stamp benefits may not be restored for more than 12 months before the earlier of the date the agency: Receives the request for a restoration of benefits, or Discovers that the loss has occurred; and Immediately notify the Secretary that it has completed all required action. Any party may request reconsideration of a final decision issued by an administrative law judge or the Secretary. If the final decision maker receives a request for reconsideration within 30 calendar days of the date of the final decision, the final decision may be revised if it: Contains material errors of law or fact; or Was based upon fraud, mistake, or irregularity. If the final decision maker receives a request for reconsideration more than 30 calendar days after the date of the final decision, the decision may be revised only if it was based upon fraud, mistake, or irregularity. The Secretary may delegate to OAH all or part of the authority to hear a contested case. The Secretary has delegated to OAH the authority to issue the final decision of the agency in all cases to which this chapter applies except those specified in §C of this regulation. The Secretary has delegated to OAH the authority to issue a proposed decision, including proposed findings of fact and proposed conclusions of law, in decisions rendered pursuant to: COMAR 07.02.11 Foster Care; COMAR 07.02.12 Adoption; COMAR 07.02.25 LDSS Foster Home Requirements; and COMAR 14.31.05 Licensing and Monitoring of Residential Child Care Programs. Consistent with the provisions of State Government Article, §10-205, Annotated Code of Maryland, the Secretary may revoke, modify, or supplement authority delegated to OAH by written notice. Criteria for Revocation of Authority in a Specific Case. The Secretary may revoke or modify all or part of OAH's authority in a specific case if the case may: Involve novel or unanticipated factual or legal issues; Have significant social or fiscal consequences; Involve policy issues of general applicability; or Be likely to have precedential value. Procedures for Revocation of OAH's Authority in a Specific Case. The Secretary shall provide written notice of a revocation of OAH's authority to all parties and OAH, which shall contain a brief statement of the reason for the revocation. The Secretary may revoke OAH's authority to decide a case at any time before the earlier of: Issuance of a ruling by the administrative law judge on a substantive issue; or Taking of oral testimony from the first witness. The Secretary shall specify whether all or part of OAH's authority to decide a case has been revoked. If only part of the delegation has been revoked, the Secretary shall specify in writing in the notice of revocation the portions of the contested case for which delegation has been revoked. A decision issued by the Secretary shall reflect that OAH's authority was revoked, and a copy of the revocation notice shall be included as part of the record. Family Law Article §§10-108.1—10-108.4, 10-112.1, 10-113, 10-113.1, 10-113.2, 10-114, 10-119, 10-119.3, and 12-102.3;Human Services Article, §§5-303, 5-408, and 5-501; State Government Article, §§9-1607.1, 9-1607.2, and 10-201—10-222;Transportation Article, §11-203; Annotated Code of MarylandAgency Note: Federal Regulatory Reference: 7 CFR §§273.15 and 273.16, and 45 CFR §§303.32c(5), 303.72 and 303.105;and 42 U.S.C. §666(a)(17) and (c)(1)(G)(ii) Effective date: April 5, 1999 (26:7 Md. R. 540) Regulation .03 amended effective April 15, 2002 (29:7 Md. R. 619); March 17, 2003 (30:5 Md. R. 366); October 22, 2007 (34:21 Md. R. 1913); May 22, 2017 (44:10 Md. R. 469) Regulation .03C amended effective December 11, 2003 (30:24 Md. R. 1739); October 24, 2005 (32:21 Md. R. 1706); March 9, 2009 (36:5 Md. R. 421); May 16, 2011 (38:10 Md. R. 614) Regulation .03G amended effective March 9, 2009 (36:5 Md. R. 421) Regulation .03H amended effective December 11, 2003 (30:24 Md. R. 1739) Regulation .04C amended effective August 19, 2002 (29:16 Md. R. 1286) Regulation .05B amended effective October 22, 2007 (34:21 Md. R. 1913) Regulation .08B amended effective August 19, 2002 (29:16 Md. R. 1286) Regulation .11 amended effective August 19, 2002 (29:16 Md. R. 1286) Regulation .21C amended effective October 22, 2007 (34:21 Md. R. 1913)