# COMAR Title 28 — Office of Administrative Hearings

## Subtitle 01 — Administration

### Chapter 03 — Administrative Law Judge Discipline and Reassignment of Duties

#### Regulation .06 Hearing by Designee; Proposed Decision.

*COMAR 28.01.03.06*

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.