# COMAR Title 12 — Department of Public Safety and Correctional Services

## Subtitle 11 — Office of the Secretary

### Chapter 04 — General Hearing Regulations

#### Regulation .09 Decisions and Orders.

*COMAR 12.11.04.09*

A. The presiding officer shall use a preponderance of evidence as the standard of proof, unless the standard of clear and convincing evidence is required by regulation or statute.

B. The presiding officer shall:

  (1) Prepare the final decision in writing or state it in the record;

  (2) If the final decision is in writing, forward a copy to each party or to the party's attorney;

  (3) Include findings of fact and conclusions of law, separately stated; and

  (4) Include procedures and time limits for filing exceptions.

C. If the final decision maker in a contested case does not personally preside over the original hearing, the final decision for a contested case shall be made under State Government Article, §10-216, Annotated Code of Maryland.