Record Required. The Secretary shall prepare an official record of each hearing. Contents. The record shall consist of: All documents giving rise to the proceeding; All requests for hearing; All notices of proceedings; All prehearing orders; All questions; All motions, pleadings, petitions, and requests and the ruling on each; All briefs and memoranda; All documentary and tangible evidence received or considered; A statement of each fact of which official notice is taken; Each proffer of proof and the ruling on the proffer; Each objection and the ruling on the objection; 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; All matters placed on the record after an ex parte communication; Each proposed finding of fact, conclusion of law, and order proposed by a party or the presiding officer; Each exception to a proposed finding of fact, conclusion of law, or order proposed by the presiding officer; Each intermediate, proposed, and final ruling or order, including each report or opinion issued in connection with that ruling or order; and The recording of the hearing and, if made, of any prehearing proceeding, and any transcript made of the recording. Each proposed decision and order shall comply with State Government Article, §10-220, Annotated Code of Maryland. Time for Filing. Exceptions to a proposed decision and order shall be filed with the Secretary within 21 days after the proposed decision and order is issued. Form and Contents. All exceptions shall: Be in writing; Identify each portion of the proposed decision to which exception is taken; and Contain a concise statement of the asserted basis for taking the exception. Service. A copy of the exceptions shall be served on all parties. Argument. All parties shall be afforded the opportunity to present written argument to the Secretary. The Secretary may conduct an exceptions hearing for the purpose of hearing oral argument. The length of any argument may be limited at the Secretary's discretion. Review Limited to Hearing Record. The Secretary's review and consideration of exceptions shall be limited to the record. At an exceptions hearing: Additional evidence may not be introduced; and Additional witnesses may not be heard by the Secretary. Reference to Hearing Evidence. If a party intends to refer to any evidence produced at the hearing, the party shall notify the Department of the specific evidence in its request for exceptions. That party is responsible for filing with the Secretary a copy of the transcript of the hearing, or relevant portions of it, at that party's expense, at least 5 days before the scheduled exceptions hearing, if a hearing is to be held. If all parties agree, a stipulation of facts may be submitted instead of a transcript. Decision. The Secretary shall consider all exceptions timely filed before rendering a final decision. The Secretary shall adopt a final decision and an order as soon as possible after exceptions have been filed and argument presented. In General. Each final decision and order shall comply with State Government Article, §10-221, Annotated Code of Maryland. Authority of Secretary. The Secretary is not bound by an administrative law judge's recommendation, even if no exceptions have been filed. If exceptions have not been filed and, after reviewing a proposed decision by an administrative law judge, the Secretary is unable to approve that decision as written, the Secretary shall notify all parties and invite arguments from the affected parties on the issues the Secretary is reconsidering. Final Agency Decision. The Secretary's decision is the final decision of the Department for the purpose of judicial review. In the event of fraud, mistake, or irregularity, the Secretary may correct a final decision at any time. Service. Copies of the final decision, including the Secretary's findings of fact, conclusions of law, and order, shall be delivered or mailed promptly to all parties. Request Authorized. Except as prohibited by law, a party that is adversely affected by a final order may request a stay from the Secretary pending judicial review. Time for Filing. A request for a stay shall be filed with the Secretary within 10 days of the date of the final order from which the stay is sought. Contents. The request shall include: A statement of the reasons the stay is sought; and A statement of the grounds for judicial review. Effect of Request. A request for a stay does not operate as a stay and does not extend the time for seeking judicial review. Grant of Stay. The Secretary may hold a hearing on the request for a stay or rule on the request without a hearing. The Secretary may grant the stay subject to the conditions, including security or bond, that the Secretary considers proper. Requisites. Unless otherwise agreed to by the parties, a party may not seek judicial review of a decision of the Secretary unless: The party has filed exceptions with the Secretary to the proposed decision; and The Secretary has rendered a final decision. Exception. This regulation does not apply to cases for which the Secretary has delegated final decision-making authority to the Office of Administrative Hearings. Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland Effective date: June 18, 2007 (34:12 Md. R. 1067)