<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".25" citation="COMAR 13B.04.01.25" title_num="13B" subtitle_num="04" chapter_num="01" heading="Delegation of Hearing Authority.">
  <paragraph num="A.">
    <text>The Secretary or the Commission, as appropriate, may delegate all or part of the authority to hear a contested case to the Office of Administrative Hearings.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Authority to Revoke Delegation. The Secretary or the Commission, as appropriate, may revoke all or part of a delegation of authority to hear a contested case.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Criteria for Revocation. The Secretary or the Commission, as appropriate, may revoke all or part of a delegation to the Office of Administrative Hearings if the case may:</text>
    <paragraph num="(1)">
      <text>Involve novel or unanticipated factual or legal issues;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Have significant social or fiscal consequences;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Involve policy issues of general applicability; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Be likely to have precedential value.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Procedures for Revocation.</text>
    <paragraph num="(1)">
      <text>The Secretary or the Commission, as appropriate, shall provide written notice of a revocation of hearing authority to all parties and the Office of Administrative Hearings. The written notice shall contain a brief statement of the reason for the revocation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Delegation of authority to hear a contested case may be revoked at any time before the earlier of the:</text>
      <paragraph num="(a)">
        <text>Issuance of a ruling by the administrative law judge on a substantive issue; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Taking of oral testimony from the first witness.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The Secretary or the Commission, as appropriate, shall specify whether all or part of the delegation to hear a contested case has been revoked. If only part of the delegation has been revoked, the Secretary or the Commission shall specify in the written notice of revocation the portions of the contested case for which delegation has been revoked.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A decision issued by the Secretary or the Commission, as appropriate, shall reflect the fact that delegation to the Office of Administrative Hearings was revoked and a copy of the revocation notice shall be included as part of the record.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Procedures upon Revocation.</text>
    <paragraph num="(1)">
      <text>If the Secretary or the Commission revokes the delegation to hear a contested case, the hearing shall be conducted by the Secretary or the Commission, as appropriate.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>As soon as practicable after the conclusion of the hearing and, if required, the filing of post-hearing submissions, the Secretary or the Commission, as appropriate, shall issue a written decision.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The decision shall:</text>
      <paragraph num="(a)">
        <text>Contain findings of fact, conclusions of law, and the decision or remedy;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Include a short and plain statement of the right to appeal and the available procedures and time limitations for seeking judicial review; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Be mailed to all parties.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>