Plain Text Law

Regulation .06 Hearing by Designee; Proposed Decision.

Regulation .06 Hearing by Designee; Proposed Decision.Copy Citation

A.
The Chief ALJ may designate an individual who is not an employee of the Office and who meets the qualifications established under State Government Article, §9-1604(a)(2), Annotated Code of Maryland, to conduct a hearing on the appeal of charges.
B.
When the Chief ALJ designates an individual to conduct the hearing on an appeal of charges:
(1)
The Administrative Procedure Act, State Government Article, §10-212, Annotated Code of Maryland, shall apply; and
(2)
The designated individual shall issue a proposed decision in accordance with State Government Article, §§10-216(a) and 10-220(d), Annotated Code of Maryland.
C.
The proposed decision shall be in writing and:
(1)
Be issued within 30 days of the close of the record;
(2)
Be sent by certified mail to:
(a)
The ALJ who filed the appeal;
(b)
The Chief ALJ; and
(c)
The parties’ counsel of record; and
(3)
Include:
(a)
Findings of fact and conclusions of law; and
(b)
Notice in accordance with State Government Article, §10-216(a), Annotated Code of Maryland, that:
(i)
Written exceptions may be filed with the Office within 15 days after the proposed decision is mailed; and
(ii)
Oral argument may be requested in writing at the time that exceptions are filed.