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<regulation prefix="Regulation" num=".09" citation="COMAR 14.35.10.09" title_num="14" subtitle_num="35" chapter_num="10" heading="Final Order Following Proposed Decision.">
  <paragraph num="A.">
    <text>Issuance. After consideration of the Office’s proposed order, and any exceptions filed by the parties, the Board shall issue a final order or a remand order.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Effect of Proposed Order. In reviewing the Office’s proposed order, the Board is:</text>
    <paragraph num="(1)">
      <text>Bound by the findings of fact that are supported by competent, material, and substantial evidence; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Not bound by any legal analysis, conclusions of law, or proposed order.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Types of Action by the Board. The Board may affirm, reverse, or modify the findings of fact that are supported by competent, material, and substantial evidence, conclusions of law, or proposed order, or remand the case to the Office for further proceedings by setting forth, with particularity, the basis for the Board’s reversal, modification, or remand.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Procedure When Case Remanded. If the Board remands the case for further proceedings, the Board may:</text>
    <paragraph num="(1)">
      <text>Refer the case back to the Office; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Retain the case to be heard by the Board.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Rehearing. The Board may, on the Board's own motion, hold a rehearing.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Service of Order. The Board shall serve a copy of the final order or remand order on the parties, the parties' attorneys of record, and the entity by first-class mail.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Effect of Summary Affirmance.</text>
    <paragraph num="(1)">
      <text>If the Board issues a final order that summarily affirms the proposed order of the Office without discussing the facts and legal issues and without expressly adopting the Office’s legal analysis and conclusions of law, neither the final order nor the proposed order is precedent within the rule of stare decisis.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Notwithstanding §G(1) of this regulation, a final order of the Board that summarily affirms the proposed order of the Office without discussing the facts and legal issues and without expressly adopting the Office’s legal analysis and [proposed] conclusions of law may be cited and relied on in a proceeding before the Board, the Office, or a court:</text>
      <paragraph num="(a)">
        <text>When relevant under the doctrine of the law of the case, res judicata, or collateral estoppel; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>In any subsequent disciplinary proceeding involving a party to the final order.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>If a party appeals from a final order of the Board that summarily affirms the proposed order of the Office, in addition to filing the final order of the Board with the court in which the appeal is pending, the Board also shall file a copy of the proposed order of the Office.</text>
    </paragraph>
  </paragraph>
</regulation>