<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".02" citation="COMAR 10.25.12.02" title_num="10" subtitle_num="25" chapter_num="12" heading="Process for Levying and Appealing an Assessment.">
  <paragraph num="A.">
    <text>The Executive Director shall determine the amount assessed pursuant to this chapter by considering the factors set forth in Regulation .03.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The Executive Director shall issue a notice of assessment to a party found to have filed untimely or inaccurate information, explaining the basis for the assessment.</text>
  </paragraph>
  <paragraph num="C.">
    <text>A party assessed a fine has 10 business days from the date of receipt of the assessment to appeal the assessment to the Commission.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Upon receipt of an appeal, the Chairman of the Commission may:</text>
    <paragraph num="(1)">
      <text>Schedule a date for hearing the appeal before the full Commission; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Appoint a commissioner to act as a hearing officer.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Commission staff may participate in the hearing.</text>
  </paragraph>
  <paragraph num="F.">
    <text>If the Chairman appoints a commissioner as a hearing officer, the hearing officer shall issue a proposed decision containing proposed findings of fact and conclusions of law.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Parties may file exceptions to the hearing officer's proposed decision with the full Commission.</text>
  </paragraph>
  <paragraph num="H.">
    <text>Exceptions shall identify specific aspects of the proposed decision with which the excepting party disagrees and explain the basis of the disagreement with specific citation to the record or applicable law.</text>
  </paragraph>
  <paragraph num="I.">
    <text>The full Commission shall entertain oral argument on exceptions and issue a final decision.</text>
  </paragraph>
  <paragraph num="J.">
    <text>All hearings shall be conducted in accordance with the procedural requirements of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text>
  </paragraph>
</regulation>