# COMAR Title 14 — Independent Agencies

## Subtitle 35 — Maryland Health Benefit Exchange

### Chapter 11 — Fair Hearings of Individual Exchange Eligibility Determinations

#### Regulation .08 The Record.

*COMAR 14.35.11.08*

A. A verbatim recording of the fair hearing shall be made. Nonrecorded or confidential information, which the appellant does not have an opportunity to hear or see, may not be made a part of the hearing record. One transcribed copy of the recording shall be supplied to the appellant at no cost if the appellant takes a further appeal.

B. The following shall constitute the exclusive record of the hearing:

  (1) The transcript or recording of testimony and exhibits, or an official report containing the substance of what happened at the hearing;

  (2) All papers and requests, including those maintained electronically, filed in the proceeding; and

  (3) The administrative law judge’s decision.

C. The recording of testimony shall remain in the custody of the Office of Administrative Hearings for a period not to exceed 2 years, or until all litigation involving the decision is terminated. All other components of the record shall remain in the custody of the Exchange for a period not to exceed 2 years, or until all litigation involving the decision is terminated.