<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".13" citation="COMAR 10.35.01.13" title_num="10" subtitle_num="35" chapter_num="01" heading="Administrative Review of Correction of Findings and Conclusions.">
  <paragraph num="A.">
    <text>Except in a case of a finding of homicide, a person in interest as defined in General Provisions Article, §4-101, Annotated Code of Maryland, may request the Office of the Chief Medical Examiner to correct findings and conclusions on the cause and manner of death recorded on a certificate of death under General Provisions Article, §4-502, Annotated Code of Maryland within 180 days after a medical examiner files those findings and conclusions in accordance with Health-General Article, §5-309(d), Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="B.">
    <text>A person in interest, has the meaning stated in General Provisions Article, §4-101, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The request to correct the findings and conclusions on a death certificate shall:</text>
    <paragraph num="(1)">
      <text>Be in writing to the Chief Medical Examiner;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Describe the requested change precisely; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>State the reasons for the change.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Within 60 days after receiving the request in §C of this regulation, the Chief Medical Examiner shall provide the person in interest written notice of the action taken.</text>
  </paragraph>
  <paragraph num="E.">
    <text>If the Chief Medical Examiner denies the request to correct findings and conclusions on the cause of death, the person in interest may appeal the denial in writing within 15 days to the Secretary. The Secretary shall refer the matter within 15 days of receipt to the Office of Administrative Hearings.</text>
  </paragraph>
  <paragraph num="F.">
    <text>An administrative law judge shall conduct a hearing both on the denial and on the establishment of the findings and conclusions on the cause of death.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Upon reviewing the findings of fact submitted by an administrative law judge, the Secretary or the Secretary's designee shall issue an order within 60 days to:</text>
    <paragraph num="(1)">
      <text>Adopt the findings of the administrative law judge; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Reject the findings of the administrative law judge and affirm the findings of the medical examiner.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>If the Secretary or Secretary's designee rejects the findings of an administrative law judge, the person in interest may appeal that rejection to a circuit court of competent jurisdiction under Maryland law.</text>
  </paragraph>
  <paragraph num="I.">
    <text>If the final decision of the Secretary or the Secretary's designee, or of a court of competent jurisdiction on appeal establishes a different finding or conclusion on the cause or manner of death of a deceased than that recorded on the certificate of death, the medical examiner shall amend the certificate to reflect the different finding or conclusion.</text>
  </paragraph>
  <paragraph num="J.">
    <text>The medical examiner shall send a change letter to the Division of Vital Records to amend the certificate of death, to reflect the final decision of the Secretary or Secretary's designee, or a court of competent jurisdiction.</text>
  </paragraph>
  <paragraph num="K.">
    <text>The final decision of the Secretary or the Secretary's designee, or of a court in an appeal under this regulation, may not give rise to any presumption concerning the application of any provision of or the resolution of any claim concerning a policy of insurance relating to the deceased.</text>
  </paragraph>
  <paragraph num="L.">
    <text>If the findings of the medical examiner are upheld by the Secretary, the appellant is responsible for the costs of the contested case hearing, based on the billing rate established by the Office of Administrative Hearings. Otherwise, the Department is responsible for the costs.</text>
  </paragraph>
</regulation>