# COMAR Title 16 — Department of Juvenile Services

## Subtitle 02 — Contested-Case Hearings

### Chapter 05 — Record, Decision, and Judicial Review

#### Regulation .01 Record of Proceedings.

*COMAR 16.02.05.01*

A. Record Required. The Secretary shall prepare an official record of each hearing.

B. Contents. The record shall consist of:

  (1) All documents giving rise to the proceeding;

  (2) All requests for hearing;

  (3) All notices of proceedings;

  (4) All prehearing orders;

  (5) All questions;

  (6) All motions, pleadings, petitions, and requests and the ruling on each;

  (7) All briefs and memoranda;

  (8) All documentary and tangible evidence received or considered;

  (9) A statement of each fact of which official notice is taken;

  (10) Each proffer of proof and the ruling on the proffer;

  (11) Each objection and the ruling on the objection;

  (12) Any staff memorandum submitted to an individual involved in the decision-making process by an official or employee of the Department who is not authorized to participate in the decision-making process;

  (13) All matters placed on the record after an ex parte communication;

  (14) Each proposed finding of fact, conclusion of law, and order proposed by a party or the presiding officer;

  (15) Each exception to a proposed finding of fact, conclusion of law, or order proposed by the presiding officer;

  (16) Each intermediate, proposed, and final ruling or order, including each report or opinion issued in connection with that ruling or order; and

  (17) The recording of the hearing and, if made, of any prehearing proceeding, and any transcript made of the recording.