# COMAR Title 16 — Department of Juvenile Services

## Subtitle 02 — Contested-Case Hearings

### Chapter 01 — Definitions; General Provisions

#### Regulation .04 Revocation of Delegation.

*COMAR 16.02.01.04*

A. Criteria. The Secretary may revoke all or part of a delegation previously made to the OAH if the Secretary believes that the case might:

  (1) Involve novel or unanticipated factual or legal issues;

  (2) Have significant social or fiscal consequences;

  (3) Involve policy issues of general applicability; or

  (4) Be likely to have precedential value.

B. Timing. The revocation may be made at any time before the earlier of:

  (1) The issuance of a ruling on a substantive issue; or

  (2) The taking of oral testimony from the first witness.

C. Notice.

  (1) The Secretary shall provide written notice of a revocation to all parties and the OAH.

  (2) The written notice shall:

    (a) Contain a brief statement of the reason for the revocation;

    (b) Specify whether all or part of the delegation to hear the case is revoked; and

    (c) If less than all of the delegation is revoked, specify the parts of the contested case for which the delegation has been revoked.

D. Decision; Record.

  (1) The Secretary's subsequent decision in the case shall reflect the fact that delegation to the OAH was revoked.

  (2) A copy of the revocation notice shall be made a part of the record.