<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 28.04.01.07" title_num="28" subtitle_num="04" chapter_num="01" heading="Management of Conflicts with Contested Case Hearings.">
  <paragraph num="A.">
    <text>The review required under this chapter is independent of the Office’s contested case hearing process.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The administrative law judge assigned to conduct the review required under this chapter, may not be:</text>
    <paragraph num="(1)">
      <text>The administrative law judge who participates in a contested case hearing involving the same facts as the decision or action that is the subject of the referral; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Appointed by, under the oversight of, or a member of a board or commission whose decision or action is the subject of review.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The Office shall assign a separate case number and case code in its case management system to create an information barrier between a referral submitted under this chapter and a contested case hearing involving a decision or action of the board or commission.</text>
  </paragraph>
  <paragraph num="D.">
    <text>The Office shall create an information barrier between the administrative law judge who reviews the referral submitted under this chapter and the administrative law judge who conducts a contested case hearing involving a decision or action of the board or commission that includes all records, decisions, discussions, and reviews.</text>
  </paragraph>
</regulation>