<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".29" citation="COMAR 13B.04.01.29" title_num="13B" subtitle_num="04" chapter_num="01" heading="Final Decision.">
  <paragraph num="A.">
    <text>After hearing oral argument and considering the record, the Secretary or the Commission by majority vote of those present, as appropriate, shall:</text>
    <paragraph num="(1)">
      <text>Adopt the proposed decision as the final decision of the agency;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Modify the proposed findings of fact, proposed conclusions of law, or proposed order, in whole or in part, and then adopt the modified proposed decision as the final decision of the agency;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Reverse the proposed decision and issue its own findings of fact, conclusions of law, or order; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Remand the matter for further proceedings.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>If exceptions have not been filed and, after reviewing a proposed decision, the Secretary or the Commission, as appropriate, concludes that the Secretary or the Commission is unable to approve the decision as written, the Secretary or the Commission, as appropriate, may:</text>
    <paragraph num="(1)">
      <text>Notify all parties and invite arguments from the affected parties on the issues the Secretary or the Commission is reconsidering; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Hold a hearing within 90 days of issuance of the notice.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>If no exceptions are filed or no hearing is held, the Secretary or the Commission, as appropriate, may adopt the proposed decision without change as the final decision of the agency.</text>
  </paragraph>
  <paragraph num="D.">
    <text>The decision of the Secretary or the Commission, as appropriate, is the final decision of the agency for purposes of judicial review and, unless the matter is remanded for further proceedings, the date of the written decision shall be the date of the final decision of the agency.</text>
  </paragraph>
  <paragraph num="E.">
    <text>A final decision shall:</text>
    <paragraph num="(1)">
      <text>Be in writing and served on all parties; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Contain:</text>
      <paragraph num="(a)">
        <text>Findings of fact and conclusions of law, separately stated;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An order; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A statement of the available procedures and time limitations for judicial review.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>In the event of fraud, mistake, or irregularity, a final decision may be corrected at any time.</text>
  </paragraph>
  <paragraph num="G.">
    <text>The Secretary or the Commission, as appropriate, may not entertain motions for reconsideration or applications for stay pending judicial appeal.</text>
  </paragraph>
</regulation>